Goldfields Baptist College Incorporated Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application by Goldfields Baptist College Incorporated (the Employer) to terminate the Goldfields Baptist College Non-Teaching Staff Enterprise Agreement 2013-2015 (the Agreement). The application was brought pursuant to section 222 of the Fair Work Act 2009 (the Act). The College sought the termination of the Agreement, which was in place for the period 2013 to 2015. The dispute centred on the validity and enforceability of the Agreement, with the Employer arguing that the Agreement should be terminated due to certain breaches or conditions that had arisen.

The legal issues before the FWC were whether the requirements set out in section 223 of the Act for the termination of an enterprise agreement were met. Specifically, the FWC needed to determine if the Employer had complied with the provisions of section 220(2) of the Act, which pertains to the employer giving employees a reasonable opportunity to decide on the Agreement. The FWC also had to ascertain if the termination was agreed to in accordance with the relevant provisions of section 221 of the Act, which detail the process for terminating different kinds of enterprise agreements by employee vote. Furthermore, the FWC had to consider whether there were any other reasonable grounds to believe that the employees had not agreed to the termination, and if the termination was appropriate taking into account the views of any employee organisations covered by the Agreement.

The FWC, represented by Commissioner Williams, concluded that based on the material before it, including a Statutory Declaration by Mr Craig Dredge of the Employer, all the requirements of section 223 of the Act had been satisfied. The Commissioner was satisfied that the Employer had complied with the necessary provisions, that the termination was agreed to as per the relevant sections of the Act, and that there were no other reasonable grounds to believe that the employees had not agreed to the termination. The Commissioner also considered the termination appropriate in light of the views of any employee organisations. Therefore, the FWC approved the termination of the Agreement. The termination took effect on the date of the decision, as per section 224 of the Act.

The FWC's decision was to approve the termination of the Goldfields Baptist College Non-Teaching Staff Enterprise Agreement 2013-2015, with the termination coming into effect immediately. This decision was based on the satisfaction of all the conditions outlined in section 223 of the Act.

Goldfields Baptist College Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established