Spectrum Migrant Resource Centre Inc

[2022] FWCA 2855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Spectrum Migrant Resource Centre Inc

(AG2022/3471)

SPECTRUM MIGRANT RESOURCE CENTRE MULTI-CULTURAL HOME SUPPORT SERVICE & DISABILITY SUPPORT SERVICE (MHSS/DSS) ENTERPRISE AGREEMENT 2011

Social, community, home care and disability services

COMMISSIONER BISSETT

MELBOURNE, 25 AUGUST 2022

Application for termination of the Spectrum Migrant Resource Centre Multi-Cultural Home Support Service & Disability Support Service (MHSS/DSS) Enterprise Agreement 2011.

On 18 August 2022 Spectrum Migrant Resource Centre Inc made an application to the Fair Work Commission to terminate the Spectrum Migrant Resource Centre Multi-Cultural Home Support Service & Disability Support Service (MHSS/DSS) Enterprise Agreement 2011 (Agreement) pursuant to s.225 of the Fair Work Act 2009 (FW Act). The nominal expiry date of the Agreement is 17 August 2015.

The application was supported by a statutory declaration of Rachna Muddagouni declared on 18 August 2022 which states, amongst other matters, the number of employees covered by the Agreement and details the reason why the termination of the Agreement is not contrary to the public interest.

Employees covered by the Agreement have indicated support for its termination. Further, I am satisfied that termination of the Agreement will not have an adverse impact on employees.

Section 226 of the FW Act sets out the conditions which must be met for an agreement to be terminated under section 225 of the FW Act. Section 226 states as follows:

226 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.”

Pursuant to s.225 of the FW Act, and having considered, and being satisfied as to each of the matters contained in s.226 of the FW Act, the Agreement is terminated.

The termination of the Agreement will come into effect from the date of this decision. An order[1] to this effect will be issued shortly.

COMMISSIONER

[1] PR745013

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spectrum Migrant Resource Centre Inc applied to the Fair Work Commission for termination of the Spectrum Migrant Resource Centre Multi-Cultural Home Support Service & Disability Support Service (MHSS/DSS) Enterprise Agreement 2011, which had expired on 17 August 2015. The application was supported by a statutory declaration from Rachna Muddagouni, dated 18 August 2022, which detailed the number of employees covered by the agreement and stated that the termination of the agreement was not contrary to the public interest. The employees covered by the agreement had indicated their support for its termination, and Commissioner Bissett was satisfied that the termination would not have an adverse impact on the employees.

The legal issue before the Commission was whether the Fair Work Commission was required to terminate the enterprise agreement in light of the application by Spectrum Migrant Resource Centre Inc and the evidence presented. The Commission had to consider whether the termination of the agreement was not contrary to the public interest, and whether it was appropriate to terminate the agreement taking into account all the circumstances, including the views of the employees, each employer, and each employee organisation covered by the agreement, and the likely effect of the termination on each of them.

The Commission considered the matters contained in s.226 of the Fair Work Act and was satisfied that the agreement should be terminated. The Commission was satisfied that the termination of the agreement was not contrary to the public interest and that it was appropriate to terminate the agreement in light of the evidence presented. The employees covered by the agreement had indicated their support for its termination, and the Commission was satisfied that the termination would not have an adverse impact on the employees. Accordingly, the agreement was terminated pursuant to s.225 of the Fair Work Act.

The Fair Work Commission terminated the Spectrum Migrant Resource Centre Multi-Cultural Home Support Service & Disability Support Service (MHSS/DSS) Enterprise Agreement 2011, effective from the date of the decision. An order to this effect was issued shortly after the decision was made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established