Waikerie Community Senior Citizens Home Inc

[2020] FWCA 6050

[2020] FWCA 6050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Waikerie Community Senior Citizens Home Inc
(AG2020/3205)

WAIKERIE COMMUNITY SENIOR CITIZENS HOME INC NURSING EMPLOYEES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 11 NOVEMBER 2020

Application for termination of the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016.

[1] On 23 October 2020, Waikerie Community Senior Citizens Home Inc (the Applicant) made an application to terminate the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 30 October 2020, I held a telephone conference with the Applicant seeking further clarification about aspects of the application, including whether any employees engaged in the Applicant’s other work locations were covered by the Agreement.

[3] Following the conference, the Ms Megan Davis (Village Manager) provided a Statutory Declaration dated 10 November 2020, which is summarised as follows:

•  The Agreement was intended to cover nursing employees at the Aged Care Facility Karingal Hostel.

•  The Karingal Hostel was closed down in November 2019.

•  The Applicant is no longer a provider of Aged Care services.

•  No employees are employed under the Agreement and it is not the intention of the Applicant to employ employees under the Agreement in the future.

•  The Applicant employs 5 employees to work at the Warrawee Lodge Retirement Village, which is independent living. The employees are covered by the Waikerie Community Senior Citizens Home Inc Aged Care Sector Employees Enterprise Agreement 2019.

[4] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[5] The termination will come into effect from 11 November 2020.

COMMISSIONER

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