Wentworth Healthcare Ltd

[2019] FWCA 367

[2019] FWCA 367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Wentworth Healthcare Ltd
(AG2018/5957)

NEPEAN DIVISION OF GENERAL PRACTICE ENTERPRISE AGREEMENT 2010

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2019

Application for termination of the Nepean Division of General Practice Enterprise Agreement 2010.

[1] On 24 October 2018, Wentworth Healthcare Ltd (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Nepean Division of General Practice Enterprise Agreement 2010(Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is 23 February 2015.

[3] On 29 October 2018, the Applicant was directed:

a) by 4:00 pm on Monday, 5 November 2018 the applicant must email a copy of the Directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Monday, 19 November 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements and documents they rely upon in opposition of the Agreement being terminated.

[4] On 30 October 2018, the Applicant filed a statutory declaration in compliance with the directions.

[5] No submissions in opposition were filed.

[6] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from today, 31 January 2019.

COMMISSIONER

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