Transfer of business – enterprise agreement – s.318 Fair Work Act 2009 – application for an order for that Medibank Health Solutions Enterprise Agreement 2012 (the Medibank agreement) not cover applicant or transferring employees – further application that the two applicant agreements (the SHP agreements) cover transferring employees – considered requirements in s.318 of FW Act – factors weighing in favour included the view of employees (slightly), the little business synergy between agreements and the public interest (slightly) – factors weighing against include the nominal expiry date of the Medibank agreement, lack of negative impact on productivity of workplace and that the company would not incur significant economic disadvantage – on balance, discretion not exercised – application dismissed. Sonic HealthPlus P/L t/a Sonic Health Plus
