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[8]
austlii:cth/FWCA/2025/3093
General information, not legal advice.
FWCA
2025-09-12
Original judgment source is linked above.
s.222 - Application for approval of a termination of an enterprise agreement
MURRAY MALLEE GENERAL PRACTICE NETWORK ENTERPRISE BARGAINING AGREEMENT 2017
Application for termination of the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017
[1] An application has been made by iReach Rural Health Inc (the Applicant) for the termination of the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017 (the Agreement) pursuant to section 222 of the Fair Work Act 2009 (the Act). The application was accompanied by a declaration completed by Mr Mike Beckoff, Chair of the Board of the Applicant.
[2] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission on 21 February 2018.[1] It was approved to operate from 28 February 2018 with a nominal expiry date of 28 February 2022.
[3] Section 223 of the Act states that the Commission must approve an application for the termination of an agreement if each of the requirements in subsections 223(a) to (d) are met.
[4] Mr Beckoff declared in a statutory declaration filed with the Commission that discussions were held with the sole employee covered by the Agreement. The employee was provided with written notice outlining the Applicant's intention to apply to the Commission to terminate the Agreement on 11 August 2025. Following consideration of the notice, the employee signed and acknowledged their agreement for the enterprise agreement to be terminated on 18 August 2025. A copy of the signed acknowledgement was provided to the Commission.
[5] I am satisfied that the process followed meets the requirements in s.220(2) and s.223(a) of the Act. I am also satisfied that the termination was agreed to by a majority of employees in accordance with s.221(1) and s.223(b) of the Act.
[6] I am satisfied that there are no other reasonable grounds for believing that the affected employees have not agreed to the termination in accordance with s.223(c) of the Act.
[7] I note that the Australian Nursing and Midwifery Federation (the ANMF) was a party to the Agreement. On 28 August 2025, the ANMF advised the Commission it did not oppose the termination of the Agreement. I am satisfied that the requirement under section s.223(d) has been met and that taking into account the views of the ANMF that it is appropriate to approve the termination of the Agreement.
[8] Based on the material that is before the Commission, including Mr Beckoff's statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met. As such, I am obliged to terminate the Agreement under s.222 of the Act. The termination of the Agreement is approved.
[9] The Applicant submitted that the termination should take effect on 13 September 2025 to coincide with the Applicant's pay cycle.
[10] In accordance with s.224 of the Act, the termination will come into effect at 11:59pm on 12 September 2025.
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