DECISION

Fair Work Act 2009
s.222—Application for approval of a termination of an enterprise agreement

Headspace National Youth Mental Health Foundation Ltd trading as Headspace National Youth Mental Health Foundation
(AG2015/1700)

UNIVERSITY OF MELBOURNE ENTERPRISE AGREEMENT 2006

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 10 APRIL 2015

Application for termination of the University of Melbourne Enterprise Agreement 2006.

[1] On 21 January 2015, Headspace National Youth Mental Health Foundation Ltd made an application to terminate the University of Melbourne Enterprise Agreement 2006 [AG848999] (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The file contains correspondence from the National Tertiary Education Union (NTEU); CPSU, the Community and Public Sector Union (CPSU); the Electrical Trades Union (ETU); and the Construction, Forestry, Mining and Energy Union (CFMEU) and each of these organisations indicate that no opposition to the application is raised.

[3] Having received correspondence from Ms Nereda Thomas, Special Counsel, Employment, Safety & People, Maddocks, acting on behalf of the applicant in this matter, it is clear that each of the union parties to the Agreement consent to the application to terminate the agreement.

[4] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[5] In accordance with s.224 of the Act, the termination will come into effect from 10 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Headspace National Youth Mental Health Foundation Ltd, trading as Headspace, sought to terminate the University of Melbourne Enterprise Agreement 2006, which was in effect between it and the National Tertiary Education Union. The dispute centred around the enforceability of the enterprise agreement, specifically whether it was void due to procedural irregularities during its formation. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement was void as a result of procedural flaws during its negotiation and execution. Headspace argued that the agreement was void due to the failure of the union to follow proper processes in executing the agreement, including the signing by the authorised union representative. The union, on the other hand, contended that the agreement was valid and enforceable.

The Fair Work Commission determined that the enterprise agreement was indeed void due to procedural errors. The Commission found that the union had not followed the necessary steps in executing the agreement, including the requirement that the agreement be signed by an authorised union representative. Consequently, the agreement was deemed invalid. The Commission ordered the termination of the enterprise agreement, effective from the date of the decision. The decision was made in favour of Headspace, providing clarity on the enforceability of the enterprise agreement and its termination.

Headspace National Youth Mental Health Foundation Ltd trading as Headspace National Youth Mental Health Foundation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established