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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CaseChat Overview and Summary

The case involved an application by the Waikerie Community Senior Citizens Home Inc seeking to terminate the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and making decisions about workplace laws and regulations.

The central legal issue before the Commission was whether the application met the statutory criteria for termination of an enterprise agreement under the Fair Work Act 2009. The Commission needed to consider whether there was sufficient evidence to support the application and whether the agreement's termination was in the best interests of the employees and the employer. The Commission also had to assess whether there were any outstanding issues or disputes that needed to be resolved before the agreement could be terminated.

In its decision, the Commission found that the application satisfied the statutory criteria for termination of the enterprise agreement. The Commission determined that the evidence presented by the applicant demonstrated that there had been a significant change in circumstances since the agreement was made, which justified its termination. The Commission also found that terminating the agreement was in the best interests of both the employees and the employer. The Commission noted that the termination would allow for a more flexible and responsive approach to the management of the nursing staff, which would benefit both parties. The Commission further found that there were no outstanding issues or disputes that needed to be resolved before the agreement could be terminated. Based on these findings, the Commission granted the application and terminated the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016. The decision was made in the interests of both the employees and the employer, and it allowed for a more flexible and responsive approach to the management of the nursing staff. The Commission's decision provides guidance to other employers and employees in similar situations and highlights the importance of considering the interests of all parties when making decisions about the termination of enterprise agreements.

Waikerie Community Senior Citizens Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established