Q-Scan Services Pty Ltd

[2021] FWCA 2067

[2021] FWCA 2067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Q-Scan Services Pty Ltd
(AG2021/4137)

SOUTHERNEX PTY LTD AND GOLD COAST MEDICAL IMAGING PTY LTD CLERICAL STAFF ENTERPRISE AGREEMENT 2010

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 15 APRIL 2021

Application for termination of the Southernex Pty Ltd and Gold Coast Medical Imaging Pty Ltd Clerical Staff Enterprise Agreement 2010.

[1] On 11 March 2021 Q-Scan Services Pty Ltd made an application under s.225 of the Fair Work Act 2009 (the Act) for termination of the Southernex Pty Ltd and Gold Coast Medical Imaging Pty Ltd Clerical Staff Enterprise Agreement 2010 (the Agreement).

[2] The Agreement covers the Applicant and its employees engaged in classifications contained in the Agreement. The nominal expiry date of the Agreement was 2 April 2013.

[3] The application was accompanied by a Statutory Declaration of 10 March 2021 signed by Greg Mayo, Group HR Manager. Mr Mayo’s Statutory Declaration noted that there are currently two employees still covered by the Agreement, and neither oppose the termination of the Agreement.

[4] On 30 March 2021, Together ASU submitted correspondence to my Chambers confirming that they did not oppose the termination of the relevant Agreement.

[5] Section 226 of the Act provides for when the Fair Work Commission must terminate an enterprise agreement. The section states as follows:

“When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[6] On the basis of the material before the Commission including the Form F24C Statutory Declaration, I am satisfied that the statutory tests have been met and the application to terminate the Agreement is approved and operates from date of this decision.

COMMISSIONER

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