Youth Legal Service Inc WA

[2018] FWCA 2916

[2018] FWCA 2916

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Youth Legal Service Inc WA
(AG2018/2119)

YOUTH LEGAL SERVICE INC AGREEMENT 2006

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 28 MAY 2018

Application for termination of the Youth Legal Service Inc Agreement 2006.

[1] Youth Legal Service Inc WA (the Applicant) has applied to terminate the Youth Legal Service Inc Agreement 2006 (the Agreement) pursuant to section 225 of the Fair Work Act 2009 (the Act).

[2] Schedule 3 item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides that Subdivision C of Division 7 of Part 2-4 of the Act applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] The Agreement is a collective agreement-based transitional instrument.

[4] 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 the FWC 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, the FWC must approve the termination if:

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

(d) the FWC 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.”

[5] Based on the material that is before me, including the Statutory Declaration sworn by Mr Robert Lelio Marando of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[6] In accordance with s.224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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