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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wentworth Healthcare Ltd sought to terminate the Nepean Division of General Practice Enterprise Agreement 2010, which governs the terms and conditions of employment for its employees. The applicants argued that the enterprise agreement was no longer appropriate due to significant changes in the healthcare industry, and they sought the Fair Work Commission's approval to terminate the agreement. The dispute was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the applicants had provided sufficient evidence to justify the termination of the enterprise agreement. The Commission had to consider the impact of the proposed changes on the employees, the reasonableness of the applicants' position, and whether there were alternative means to address the issues without terminating the agreement. Additionally, the Commission needed to assess if the termination was in accordance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the applicants had not provided adequate evidence to justify the termination of the enterprise agreement. The Commission emphasised that the onus was on the applicants to demonstrate that the changes were necessary and that there were no alternative means to address the issues. The Commission also considered the potential impact of the termination on the employees and concluded that the proposed changes did not warrant the termination of the agreement. As a result, the Commission dismissed the application for termination. The applicants were ordered to continue to abide by the terms of the Nepean Division of General Practice Enterprise Agreement 2010 until it was replaced by a new agreement through the proper bargaining process.

Wentworth Healthcare Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established