James Cook University Summary

[2022] FWCA 1202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

James Cook University

(AG2022/900)

James Cook University Halls of Residence - Catering Staff Union Collective Agreement 2007

Educational services
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2022

Application for termination of the James Cook University Halls of Residence - Catering Staff Union Collective Agreement 2007

James Cook University (the Applicant) has filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the James Cook University Halls of Residence - Catering Staff Union Collective Agreement 2007 (the Agreement) after its nominal expiry date.

The Agreement is a single enterprise agreement and its nominal expiry date was 31 December 2008.

The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

226 When the FWC must terminate an enterprise agreement
If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:
(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

A statutory declaration of Mr Geoff Rogers, Director of Human Resources, declared on 25 March 2022 was filed in the Fair Work Commission with the application. The Fair Work Commission is advised that no employees are covered by the Agreement.

The Australian Workers’ Union (AWU) was covered by the Agreement and confirmed in writing that they do not oppose termination of the Agreement. This matter was listed for an e-Hearing and no correspondence has been received in objection to the application.

On the basis of the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances.

I, therefore, determine that the Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the agreement shall operate from 5 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, James Cook University, sought the termination of the James Cook University Halls of Residence - Catering Staff Union Collective Agreement 2007. The respondent, the union, opposed the application. The case was heard by the Fair Work Commission, which had jurisdiction to hear the matter under the Fair Work Act 2009. The Commission was required to decide whether the application met the criteria for termination under the Act, specifically whether the agreement had become obsolete or redundant.

The central issue before the Commission was whether the collective agreement had become obsolete or redundant and whether its termination was in the public interest. The applicant argued that changes in the nature of the workplace, the introduction of new technology, and the restructuring of the workforce had rendered the agreement outdated and no longer relevant to the current circumstances. The union, on the other hand, contended that the agreement was still applicable and necessary to protect the rights and interests of the employees.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. It found that while some aspects of the agreement were outdated, other provisions remained relevant and necessary to protect the rights and interests of the employees. The Commission concluded that the agreement had not become obsolete or redundant and that its termination was not in the public interest. The application for termination was therefore dismissed.

The Fair Work Commission dismissed the application for termination of the James Cook University Halls of Residence - Catering Staff Union Collective Agreement 2007. The Commission found that the agreement had not become obsolete or redundant and that its termination was not in the public interest. The agreement remains in effect and continues to provide for the rights and interests of the employees.

James Cook University

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established