The Corporation of the Sisters of Mercy of the Diocese of Townsville T/A Saint Patricks College

[2016] FWCA 1548

[2016] FWCA 1548

The attached document replaces the document previously issued with the code [2015] FWC 1432 on 9 March 2016.

Re-issued to delete the Decision reference of [2015] FWC 1432 and Print no. PR577694 and replace with [2016] FWCA 1548 and Print no. PR577885.

Angela Delo

Associate to COMMISSIONER BOOTH

Dated: 10 March 2016

[2016] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

The Corporation of the Sisters of Mercy of the Diocese of Townsville T/A Saint Patricks College
(AG2015/7614)

SISTERS OF MERCY TOWNSVILLE SUPPORT STAFF ENTERPRISE AGREEMENT 2010

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 9 MARCH 2016

Application for termination of the Sisters of Mercy Townsville Support Staff Enterprise Agreement 2010.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Sisters of Mercy Townsville Support Staff Enterprise Agreement 2010 (the Agreement). The nominal expiry date of the Agreement was 30 November 2013.

[2] Section 226 of the Act provides for when the Fair Work Commission must terminate an enterprise agreement, it provides:

“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.”

[3] The Australian Workers’ Union are a party to the Agreement and therefore their views were sought in relation to the application.

[4] At question 2.1 of the Employer’s statutory declaration it was declared that “effective from 1 December 2015 there will be no employees operating under this Agreement”. It is on that basis that The Australian Workers’ Union did not lodge a response to the Application.

[5] I have considered the views of the employers and the employee organisation and I have considered the likely effect that the termination will have on each of them.

[6] In all circumstances I consider that it is not contrary to public interest to do so.

[7] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[8] The termination of the Agreement is approved with effect from 9 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE884109  PR577885>