Women’s Health Grampians Incorporated

[2020] FWCA 3551

[2020] FWCA 3551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Women’s Health Grampians Incorporated
(AG2020/1712)

WOMEN’S HEALTH GRAMPIANS INC ENTERPRISE AGREEMENT 2011

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 JULY 2020

Application for termination of the Women’s Health Grampians Inc Enterprise Agreement 2011.

[1] Women’s Health Grampians Incorporated (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Women’s Health Grampians Inc Enterprise Agreement 2011 1 (the Agreement). The Agreement has passed its nominal expiry date of 22 March 2015 and the Applicant is the employer covered by the Agreement.

[2] Section 225 of the Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] Section 225 of the Act provides as follows:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[4] There is no employee organisation covered by the Agreement.

[5] The statutory declaration filed by the Applicant stated that there are employees still covered by the Agreement who were consulted with prior to the lodgement of the application. The Applicant has undertaken a consultative process and conducted a vote to terminate the agreement. A working group was established to work with employees reaching agreement on revised and new policies necessary for the transition aligning salary structures with the Social, Community, Home Care and Disability Services Industry Award 2010.

[6] On 19 June 2020 directions were issued seeking a response from these employees regarding their views, their circumstances and the likely effect that the termination of the Agreement will have on them. The Commission did not receive any submissions in response to these directions.

[7] On 7 July 2020, the Applicant was advised the application would be determined on the papers. Based on the material contained in the statutory declaration of Ms Marianne Hendron filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement.

[8] The termination is effective from today.

COMMISSIONER

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