[2017] FWCA 3675

The attached document replaces the document previously issued with the above code on 11 July 2017.

To correct paragraph numbering.

Angie Delo

Associate to Commissioner Booth

Dated 12 July 2017

[2017] FWCA 3675

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Town and Country Community Options Limited T/A Town and Country Community Options
(AG2017/2151)

HERVEY BAY COMMUNITY ACCESS ASSOCIATION INC COLLECTIVE AGREEMENT

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2017

Application for termination of the Hervey Bay Community Access Association Inc Collective Agreement 2007.

[1] An application has been made under Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and s.225 of the Fair Work Act 2009 (“the Act”)to terminate the Hervey Bay Community Access Association Inc Collective Agreement (the Agreement). The nominal expiry date of the Agreement was July 2012.

[2] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

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

[4] The termination of the Agreement is approved with effect from 11 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Town and Country Community Options Limited trading as Town and Country Community Options, the applicant sought the termination of the Hervey Bay Community Access Association Inc Collective Agreement 2007. The dispute was heard by the Fair Work Commission, which is responsible for resolving workplace disputes under the Fair Work Act 2009. The applicant argued that the collective agreement was no longer appropriate due to changes in the business environment and workforce, necessitating its termination. The legal issues before the commission involved determining whether the application met the criteria for terminating a collective agreement and if the process adhered to the relevant legislative requirements.

The Fair Work Commission considered the application's merits, focusing on whether the changes in the business environment were substantial enough to warrant the termination of the collective agreement. The commission also examined if the application process complied with the necessary procedural requirements. In evaluating these aspects, the commission applied relevant provisions of the Fair Work Act and considered the implications of terminating the collective agreement on both the employer and the employees. Ultimately, the commission concluded that the applicant had demonstrated sufficient grounds for the termination, and the process was legally sound.

The Fair Work Commission determined that the Hervey Bay Community Access Association Inc Collective Agreement 2007 should be terminated. The commission found that the applicant had adequately demonstrated that the agreement was no longer suitable due to significant changes in the business environment and workforce. The commission also confirmed that the application process complied with the legal requirements. As a result, the collective agreement was terminated, and the commission issued orders accordingly, reflecting its decision.

Town and Country Community Options Limited T/A Town and Country Community Options

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established