Goldfields Baptist College Incorporated

[2016] FWCA 485

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Goldfields Baptist College Incorporated T/A Goldfields Baptist College

(AG2015/7823)

GOLDFIELDS BAPTIST COLLEGE TEACHING STAFF AGREEMENT

2013-2015

Educational services

COMMISSIONER WILLIAMS

PERTH, 22 JANUARY 2016

Application for termination of the Goldfields Baptist College Teaching Staff 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 Teaching Staff 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 485

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Goldfields Baptist College Incorporated saw the employer applying for the termination of an enterprise agreement. The application was made under section 222 of the Fair Work Act 2009. The agreement in question was the Goldfields Baptist College Teaching Staff Agreement 2013-2015, which governed educational services at the College. The application was heard by Commissioner Williams in Perth on 22 January 2016. The legal issues that the court had to determine were whether the conditions set out in section 223 of the Act were met for the approval of the termination of the agreement.

The court considered the statutory declaration sworn by Mr Craig Dredge of the Employer, which provided evidence that the conditions set out in section 223 of the Act were met. The court was satisfied that each employer covered by the agreement had complied with subsection 220(2) of the Act in relation to the agreement, that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies, that there were no other reasonable grounds for believing that the employees had not agreed to the termination, and that it was appropriate to approve the termination taking into account the views of the employee organisation or employee organisations covered by the agreement. The court found that the requirements of section 223 of the Act had been met.

The court therefore approved the termination of the Goldfields Baptist College Teaching Staff Agreement 2013-2015. The termination will come into effect on the date of this decision, as required by section 224 of the Act. The court did not make any further orders in relation to the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established