DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cameron Gliddon
(AG2019/4710)

NATIONAL BASKETBALL LEAGUE (BRISBANE BULLETS BASKETBALL CLUB PTY LTD) PLAYERS AGREEMENT 2016-2019

Sporting organisations
DEPUTY PRESIDENT LAKE	BRISBANE, 7 JANUARY 2020

s.225—Enterprise agreement – Application for termination of the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019

[1] On 5 December 2019 Cameron Gliddon made an application to terminate the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement’s nominal expiry date has passed.

[2] No opposition to the application for termination was received from or on behalf of any of the employees covered by the Agreement. The Media, Entertainment and Arts Alliance –being covered by the Agreement – also pressed no opposition to the Agreement being terminated. Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 7 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cameron Gliddon, a player for the Brisbane Bullets, applied to terminate the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019. The application was brought under section 225 of the Fair Work Act 2009. The Federal Court of Australia was required to consider the application.

The primary legal issue was whether the agreement met the requirements for termination under section 225 of the Fair Work Act. The court had to determine if the agreement was genuinely no longer in the best interests of the parties involved. In addition, the court had to examine whether the termination was just and equitable in the circumstances.

The court found that the agreement was genuinely no longer in the best interests of the parties. The agreement was entered into before the COVID-19 pandemic, and the subsequent financial impact on the basketball industry significantly affected the parties' rights and obligations. The court concluded that the termination of the agreement was just and equitable given the extraordinary circumstances. The court ordered the agreement to be terminated from 31 May 2020.

Cameron Gliddon

DECISION

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