St John Ambulance Australia (NT) Inc.

[2019] FWCA 2454

[2019] FWCA 2454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

St John Ambulance Australia (NT) Inc.
(AG2019/478)

ST JOHN NT CONTRACTS EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Ambulance and patient transport
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2019

Application for termination of the St John NT Contracts Employees Enterprise Agreement 2011-2014.

[1] On 26 February 2019 St John Ambulance Australia (NT) Inc (the Applicant) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the St John NT Contracts Employees Enterprise Agreement 2011-2014 (the Agreement) after its nominal expiry date.

[2] The Agreement is a single enterprise agreement and its nominal expiry date was 16 February 2015.

[3] The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

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.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] A statutory declaration of Ms Judith Barker, Chief Executive Officer, declared on 25 February 2019 was filed in the Fair Work Commission with the application. The Fair Work Commission is advised that no employees are covered by the Agreement and the Applicant no longer hold any contacts with mine sites.

[5] No employee organisations are covered by the Agreement.

[6] This matter was listed for an e-Hearing and no correspondence has been received in objection to the application.

[7] On the basis of the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances of the employees and employer.

[8] I, therefore, determine that the Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the agreement shall operate from 15 April 2019.

COMMISSIONER

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