Australian Library and Information Association Ltd

[2022] FWCA 1228

[2022] FWCA 1228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Australian Library and Information Association Ltd

(AG2022/879)

Australian Library and Information Association Ltd Enterprise Agreement 2018-2021

Australian Capital Territory
DEPUTY PRESIDENT DEAN	CANBERRA, 7 APRIL 2022

Application for termination of the Australian Library and Information Association Ltd Enterprise Agreement 2018-2021.

1. On 25 March 2022 Australian Library and Information Association Ltd (Applicant) made an application to terminate the Australian Library and Information Association Ltd Enterprise Agreement 2018-2021 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

1. The has passed its nominal expiry date of 30 June 2021 and does not cover any employee organisations.

1. The relevant provisions of the Act governing this application are 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.

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.

227      When termination comes into operation
If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.

1. The application was supported by a statutory declaration by Ms Nicole Barnes, Acting CEO of the Applicant, stating that they no longer have employees working under the Agreement, that all its employees have entered into individual employment contract arrangements and the termination will not have any adverse effect on them.

1. On 28 March 2022, the Applicant was directed to circulate to its employees my directions which set out an overview of the application and requested that any persons who wished to oppose the application to advise my chambers by 6 April 2022.

1. No opposition to the application has been received from or on behalf of any employees.

1. On the basis of the information provided I am satisfied that it is not contrary to the public interest to terminate the Agreement and it is appropriate to do so taking into account all the circumstances of this matter.

1. I have considered, and am satisfied the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

1. The termination will come into effect from 7 April 2022.

DEPUTY PRESIDENT

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