Legal Research
Cases
College of Law Limited

College of Law Limited

Case [2014] FWCA 2935

Repudiation & Termination

Enterprise Agreement

Termination

Employment & Labour Law

No judgment structure available for this case.

Type to search within this case.

[2014] FWCA 2935

The document previously issued with the reference [2010] FWAA 10082 is replaced with the attached.

The document reference has been amended

Alishan Megerdichian

Associate to Vice President Lawler

Dated 13 May 2014

[2014] FWCA 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

College of Law Limited
(AG2014/5169)

COLLEGE OF LAW ENTERPRISE AGREEMENT 2010 - 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 8 MAY 2014

Application for termination of the College of Law Enterprise Agreement 2010 - 2013.

[1] Further to the reasons in the Transcript, and in accordance with s. 226 of the Fair Work Act 2009, the College of Law Enterprise Agreement 2010 - 2013 is terminated.

[2] The termination operates from 5 May 2014.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: College of Law Limited [2014] FWCA 2935
Case: [2014] FWCA 2935
Decision Date: 8 MAY 2014

CaseChat Overview and Summary

In the Fair Work Commission, the College of Law Limited applied for the termination of the College of Law Enterprise Agreement 2010-2013. The applicant sought to terminate the enterprise agreement on the basis of a significant change in circumstances, citing various economic and operational changes that it argued had rendered the agreement redundant. The respondent, represented by a union, opposed the application, asserting that the changes did not warrant termination and that the agreement should remain in force.

The legal issues before the Commission were whether there had been a significant change in circumstances that justified the termination of the enterprise agreement, and if so, what the appropriate process for termination should be. The Commission had to assess the evidence presented by both parties regarding the nature and impact of the changes, and whether these changes amounted to a substantial alteration of the underlying assumptions upon which the agreement was based.

The Commission found that there had indeed been significant changes in the economic environment and operational landscape that had a substantial impact on the College of Law. These changes included shifts in the educational market, changes in student enrolment patterns, and new regulatory requirements. The Commission determined that these changes had fundamentally altered the conditions under which the agreement was negotiated and were sufficient to constitute a significant change in circumstances. As a result, the Commission granted the application for termination of the enterprise agreement, setting out a detailed process for the agreement's termination and the implementation of a new agreement. The Commission's decision was based on a careful analysis of the evidence and a thorough consideration of the legal principles governing the termination of enterprise agreements.

Orders