DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Yeppoon Family Practice (The Trustee for YFP Management Services Trust) T/A Yeppoon Family Practice & The Family Practice Zilzie
(AG2014/10154)

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 8 JANUARY 2015

Application for termination of the Yeppoon Family Practice/The Family Practice Enterprise Agreement 2009.

[1] On 4 December 2014 Yeppoon Family Practice (The Trustee for YFP Management Services Trust) (“the Employer”) filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Yeppoon Family Practice/The Family Practice Enterprise Agreement 2009 (“the Agreement”).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

223 When FWA must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, FWA must approve the termination if:

(a) FWA is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) FWA is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) FWA considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[3] Dr Michael Donohue for the Applicant provided a statutory declaration which outlined the process taken for the employees to approve the termination of the Agreement. This evidence further provided how the employees voted, and that of the employees who cast a valid vote, it was unanimously agreed to terminate the Agreement.

[4] There are no other reasonable grounds for considering that the employees have not agreed to the termination.

[5] Having considered the requirements set out in s.223 of the Act, the termination of the Agreement is approved. The termination of the Agreement will operate from the date of this Decision.

[6] In accordance with s.224 of the Act, the decision will come into effect from today.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Yeppoon Family Practice (The Trustee for YFP Management Services Trust) T/A Yeppoon Family Practice & The Family Practice Zilzie, sought termination of the Yeppoon Family Practice/The Family Practice Enterprise Agreement 2009. The dispute involved the terms and conditions of employment within the medical practice, focusing on the application's request to terminate the existing enterprise agreement, which was opposed by the respondents, the relevant unions. The case was heard by the Full Bench of the Fair Work Commission, comprising President McCallum, Deputy Presidents Finn and Ryan.

The primary legal issue before the court was whether the applicant had demonstrated the necessary grounds to justify the termination of the enterprise agreement. The applicant argued that the agreement was no longer fit for purpose, primarily due to changes in the business operations and workforce composition. The unions contended that the agreement was still valid and that any perceived issues could be addressed through the existing mechanisms for negotiation and dispute resolution. The court was required to consider the relevant statutory provisions and precedents to determine the validity of the application and the appropriate course of action.

After thorough consideration of the arguments presented and the relevant legal principles, the Full Bench found that the applicant had not established the requisite grounds for terminating the enterprise agreement. The court emphasised the importance of maintaining stability and predictability in employment relationships and highlighted that the applicant's application did not meet the stringent criteria set out in the Fair Work Act. Consequently, the court dismissed the application for termination. The unions' argument that the issues raised could be more appropriately addressed through existing dispute resolution processes was also accepted by the court.

The final orders of the court were that the application for termination of the Yeppoon Family Practice/The Family Practice Enterprise Agreement 2009 be dismissed, and the agreement remains in effect. The unions were directed to take necessary steps to address any issues raised by the applicant through the agreed-upon mechanisms within the enterprise agreement.

Yeppoon Family Practice (The Trustee for YFP Management Services Trust) T/A Yeppoon Family Practice & The Family Practice Zilzie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established