Elizabeth Goodwin (formerly LeLaen) Summary

[2022] FWC 2372

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 19 - Declaration for unilateral termination with FWC approval to terminate individual agreement

Elizabeth Goodwin (formerly LeLaen)

(AG2022/3563)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 6 SEPTEMBER 2022

Application for termination of an Individual Transitional Employment Agreement made between Elizabeth Goodwin and Coal & Allied Mining Services Pty Ltd

Ms Elizabeth Goodwin (nee LeLaen) has made an application to terminate the Individual Transitional Employment Agreement[1] she made with her employer, Coal & Allied Mining Services Pty Ltd (Coal & Allied), and had lodged with the Workplace Authority on 4 July 2008 (Agreement).

The nominal expiry of the Agreement was 31 December 2009.

Following the filing of Ms Goodwin’s application to terminate the Agreement, I afforded Coal & Allied an opportunity to inform the Fair Work Commission of its position in relation to the application. On 5 September 2022, Coal & Allied informed the Commission that it consents to the termination of the Agreement.

On the basis of the material before the Commission, I am satisfied that Ms Goodwin has complied with item 19 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and termination of the Agreement is appropriate in all the circumstances.

Accordingly, I approve the termination of the Agreement. In accordance with item 19(5) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, termination of the Agreement will take place on 5 December 2022, being the 90^th day after the date of this decision. An order [PR745555] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

[1] Agreement number 089773309

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Elizabeth Goodwin, formerly LeLaen, and her employer, Coal & Allied Mining Services Pty Ltd. Ms Goodwin had applied for the termination of an Individual Transitional Employment Agreement, which had been filed with the Workplace Authority on 4 July 2008 and was set to expire on 31 December 2009. Coal & Allied Mining Services Pty Ltd had been notified of the application and indicated its consent to the termination of the agreement. The application was made under item 19 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

The legal issue for the Commission to determine was whether Ms Goodwin's application for termination complied with the statutory requirements under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The specific provision in question was item 19, which allows for the unilateral termination of an Individual Transitional Employment Agreement with the Fair Work Commission's approval. The Commission needed to assess if all the conditions for termination were met and whether the termination was appropriate in the circumstances presented.

Upon reviewing the material submitted, the Deputy President of the Fair Work Commission, Saunders, determined that Ms Goodwin had fulfilled the requirements of item 19 of the Act. The Commission was satisfied that the termination of the Agreement was appropriate given the circumstances and the consent of Coal & Allied Mining Services Pty Ltd. Consequently, the Commission approved the termination of the Individual Transitional Employment Agreement. The termination was set to take effect on 5 December 2022, being 90 days from the date of the decision, as per item 19(5) of the Act. An order was issued to formalise this decision.

Elizabeth Goodwin (formerly LeLaen)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established