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

[2017] FWCA 3678

[2017] FWCA 3678

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
(AG2017/2150)

TOWN AND COUNTRY COMMUNITY OPTIONS - DISABILITY SUPPORT WORKERS AGREEMENT 2007

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2017

Application for termination of the Town and Country Community Options - Disability Support Workers 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 Town and Country Community Options - Disability Support Workers Agreement 2007 (the Agreement). The nominal expiry date of the Agreement was 8 March 2010.

[1] 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.”

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AC305502  PR594492>