Spectrum Migrant Resource Centre Inc

[2022] FWCA 2855

[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.

1. 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.

1. 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.

1. 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.

1. 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.”

1. 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.

1. 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

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<AE887641  PR745012>