Primary Care Gold Coast Limited

[2016] FWCA 1937

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Primary Care Gold Coast Limited T/A Gold Coast Primary Health

Network

(AG2016/2047)

GOLD COAST DIVISION OF GENERAL PRACTICE LTD

COLLECTIVE AGREEMENT 2008

Health and welfare services

COMMISSIONER BOOTH

BRISBANE, 31 MARCH 2016

Application for termination of the Gold Coast Division of General Practice Ltd Collective

Agreement 2008.

[1] An application has been made pursuant to s.222 of the Fair Work Act 2009 to

terminate the Gold Coast Division of General Practice Ltd Collective Agreement 2008 (the

Agreement). The Agreement expired in 2013.

[2] The Employer provided a statutory declaration on 11 January 2016 confirming that all

employees had attended meetings on 20 and 24 November 2015 to discuss the termination of

the Agreement. Correspondence was also forwarded to the 12 affected employees.

[3] A confidential ballot was conducted between 2 and 4 December 2015 whereby the

majority of the affected employees voted to terminate the Agreement.

[4] I am satisfied that the requirements of s.223 for the termination of an enterprise

agreement have been met.

[5] The termination of the Agreement is approved with effect from 31 March 2016.

COMMISSIONER

[2016] FWCA 1937

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primary Care Gold Coast Limited, trading as Gold Coast Primary Health Network, applied to terminate the Gold Coast Division of General Practice Ltd Collective Agreement 2008, which had expired in 2013. The Fair Work Commission, under the Fair Work Act 2009, was tasked with deciding whether to approve this termination. The application was based on the requirement that the employer demonstrate certain conditions, including employee meetings and a confidential ballot, were met. The employer provided a statutory declaration and evidence of meetings held on 20 and 24 November 2015, along with correspondence to affected employees. A confidential ballot was conducted from 2 to 4 December 2015, in which the majority of employees voted in favour of terminating the agreement.

The legal issues before the Commission were whether the employer had fulfilled the statutory requirements for terminating the enterprise agreement and whether the vote of the employees was valid and sufficient. The Commission examined the employer's evidence, including the statutory declaration and details of the meetings and ballot, to determine if these met the criteria outlined in section 223 of the Fair Work Act 2009. The Commission considered the process followed by the employer to ensure compliance with the legislative requirements for the termination of the agreement.

The Commission found that the employer had fulfilled the statutory requirements for terminating the enterprise agreement. The employer had conducted meetings with all employees, provided them with correspondence, and held a confidential ballot in which the majority voted to terminate the agreement. The Commission was satisfied that the process followed was in line with the Act, and therefore approved the termination of the Gold Coast Division of General Practice Ltd Collective Agreement 2008 with effect from 31 March 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established