Goldfields Baptist College Incorporated

[2016] FWCA 484

[2016] FWCA 484

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Goldfields Baptist College Incorporated T/A Goldfields Baptist College

(AG2015/7822)

GOLDFIELDS BAPTIST COLLEGE NON-TEACHING STAFF

ENTERPRISE AGREEMENT 2013-2015

Educational services

COMMISSIONER WILLIAMS PERTH, 22 JANUARY 2016

Application for termination of the Goldfields Baptist College Non-Teaching Staff Enterprise

Agreement 2013 - 2015.

[1]        On 22 December 2015 Goldfields Baptist College Incorporated T/A Goldfields Baptist

College (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the

Act) to terminate the Goldfields Baptist College Non-Teaching Staff Enterprise Agreement

2013 - 2015 (the Agreement).

[2]        Section 223 of the Act sets out the conditions which must be met for an agreement to

be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made

under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with

subsection 220(2) (which deals with giving employees a reasonable opportunity to

decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with

whichever of subsection 221(1) or (2) applies (those subsections deal with agreement

to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that

the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into

account the views of the employee organisation or employee organisations (if any)

covered by the agreement.”

[2016] FWCA 484

[3]        Based on the material that is before me, including the Statutory Declaration sworn by

Mr Craig Dredge of the Employer, I am satisfied that the requirements of s.223 of the Act

have been met.

[4]        In accordance with s.224 of the Act, the termination will come into effect on the date

of this decision.

COMMISSIONER

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