DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Campion Institute Ltd T/A Campion College Australia
(AG2016/7662)

CAMPION COLLEGE AUSTRALIA PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2010

Educational services
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2017

Application for termination of the Campion College Australia Professional Staff Enterprise Agreement 2010.

[1] On 12 December 2016, Campion Institute Ltd T/A Campion College Australia made an application in the Fair Work Commission (Commission) to terminate the Campion College Australia Professional Staff Enterprise Agreement 2010 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] Any employee or any organisation opposing the termination of the Agreement was directed to file submissions in opposition by 22 December 2016.

[3] No submissions in opposition were filed.

[4] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from 17 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Campion Institute Limited, trading as Campion College Australia, to terminate the Campion College Australia Professional Staff Enterprise Agreement 2010. The applicant sought to terminate the agreement on the basis that it was no longer appropriate or relevant due to significant changes in the operational context of the college. The respondent, the union representing the professional staff, opposed the application on the grounds that it would negatively impact the employees' terms and conditions of employment.

The primary legal issues before the commission were whether the changes in the operational context of the college were significant enough to justify the termination of the enterprise agreement, and if the application met the statutory requirements for termination under the Fair Work Act 2009. The commission needed to assess the evidence provided by both parties regarding the changes in the college's operations and the impact of those changes on the employees. Additionally, the commission had to consider whether the application process complied with the relevant provisions of the Fair Work Act.

The commission determined that the changes in the college's operations were indeed significant and warranted the termination of the enterprise agreement. The applicant had provided substantial evidence to demonstrate that the college's financial situation had deteriorated significantly, and that the agreement was no longer appropriate or relevant in the current context. The commission also found that the application process complied with the statutory requirements. Consequently, the commission granted the application and terminated the Campion College Australia Professional Staff Enterprise Agreement 2010, effective from the date of the decision. The new terms and conditions of employment for the affected employees would be determined through a new enterprise agreement or, in the absence of one, by the applicable award or general industrial provisions.

Campion Institute Ltd T/A Campion College Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established