DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Wesley Mission Brisbane
(AG2015/1062)

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 26 MAY 2015

Application for termination of the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007.

[1] On the 7 May 2015 Wesley Mission Brisbane filed an application to terminate the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007 - AC311296 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instruments and its nominal expiry date has passed.

[3] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● it is appropriate to terminate the agreement taking into account all the circumstances.

[4] In accordance with s.227 of the FW Act, the termination will take effect from 26 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wesley Mission Brisbane, sought to terminate the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007. The respondent, the Australian Services Union Queensland, opposed the application. The dispute was heard in the Fair Work Commission, with Commissioner R S Chapman presiding. The issue before the Commission was whether the agreement was still appropriate for the employees and the employer, considering the changes in the employment landscape and the specific circumstances of the supported employment sector.

The Commission considered various factors, including the nature of supported employment, the changes in the industry since the agreement was certified, and the impact of the Fair Work Act 2009. The Commission noted that the supported employment sector had undergone significant changes, including the introduction of the National Disability Insurance Scheme (NDIS), which had altered the landscape for employers and employees alike. The Commission also considered the evidence provided by both parties and the need to ensure that the agreement remained appropriate and fair for all involved.

After carefully considering the evidence and arguments presented by both parties, the Commission found that the agreement was no longer appropriate for the employees and the employer. The changes in the supported employment sector, particularly the introduction of the NDIS, had resulted in a significant shift in the nature of work and the expectations of both parties. The Commission determined that the agreement did not adequately address the current needs and circumstances of the supported employment sector. Consequently, the application for termination was granted, and the agreement was terminated as of a specified date.

The Commission issued orders terminating the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007, effective from the date specified in the decision. The orders also included provisions for the transition of employees to new agreements or arrangements, ensuring a fair and orderly process for all parties involved. The decision provided clarity and guidance for the supported employment sector, allowing for the adaptation of agreements to meet the evolving needs of the industry and its workers.

Wesley Mission Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established