The Northcott Society T/A Northcott
[2023] FWC 1
•3 JANUARY 2023
| [2023] FWC 1 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees
The Northcott Society T/A Northcott
(AG2022/5569)
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 3 JANUARY 2023 |
S.318 - Application for an order relating to instruments covering new employer and transferring employees
The Northcott Society T/A Northcott (Applicant) has made an application pursuant to s.318 of the Fair Work Act 2009 (Act) for orders that the MontroseAccess Enterprise Agreement 2015 (Agreement) not cover the Applicant and employees transferring from employment with Montrose Therapy & Respite Services to the Applicant (Transferring Employees) and that such Transferring Employees instead be covered by the Northcott Enterprise Agreement 2021 – 2023. The Agreement nominally expired on 30 June 2017. The Applicant is likely to be the new employer of relevant transferring employees.
The Applicant has filed a witness statement in support of its application, made by Ms Patricia Lorraine Buick, dated 22 December 2022. In determining whether or not to make the orders sought by the Applicant, and in taking into account each of the matters set out in s.318(3) of the Act, I have relied upon the evidence of Ms Buick. Specifically, I note that the relevant Transferring Employees support (by majority) the order/s sought by the Applicant, and that such relevant Transferring Employees will not be disadvantaged overall (in their terms and conditions of employment) if the orders sought are made. Further, the Agreement is likely to have a negative impact upon the productivity of the Applicant’s workplace, and there is a lack of business synergy between the Agreement and the work performed by the Applicant and Transferring Employees. I consider that the order sought by the Applicant is in the public interest as it would allow all of the Applicant’s employees to all be employed on consistent terms and benefits, promoting a harmonious, cohesive and productive workplace.
Taking into account the matters set out in s.318(3) of the Act, on an individual and collective basis, I have determined to exercise my discretion to make the order sought by the Applicant pursuant to s.318(1) of the Act. An order in this regard will be issued contemporaneously with this decision.
DEPUTY PRESIDENT
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