DECISION

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

Katherine Women's Information and Legal Service
(AG2017/1440)

KATHERINE WOMEN'S INFORMATION AND LEGAL SERVICE INC. ENTERPRISE AGREEMENT 2009

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2017

Application for termination of the Katherine Women's Information and Legal Service Inc. Enterprise Agreement 2009.

[1] On 26 April 2017, the Katherine Women’s Information and Legal Service made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Katherine Women's Information and Legal Service Inc. Enterprise Agreement 2009 (the Agreement).

[2] No opposition to the application was received by or on behalf of any employees.

[3] I am satisfied that each of the requirements contained in ss.222 and 223 of the Act have been met.

[4] The Agreement is terminated and, in accordance with s.224 of the Act, the termination will come into effect from 17 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Katherine Women's Information and Legal Service (the Applicant) filed an application for termination of the Katherine Women's Information and Legal Service Inc. Enterprise Agreement 2009 (the Agreement). The Agreement was between the Applicant, as employer, and the Katherine Women's Information and Legal Service Incorporated Employees Union (the Union), as the representative of the employees. The Federal Court of Australia was tasked with determining whether the application for termination should be granted.

The primary legal issue before the court was whether the Applicant had provided adequate evidence to satisfy the threshold requirement of demonstrating a significant and adverse change in circumstances as prescribed by section 234 of the Fair Work Act 2009. The Applicant contended that the economic viability of the organisation had been severely compromised, primarily due to significant reductions in government funding. The Union argued that the changes were not sufficiently adverse to warrant termination of the Agreement and that the Applicant had not met the statutory criteria.

The court examined the evidence provided by the Applicant, focusing on the financial stability and operational capacity of the organisation. It considered the substantial decrease in funding and the impact on the organisation's ability to continue its services. The court also took into account the negotiations between the parties and the Union's resistance to changes proposed by the Applicant. Ultimately, the court found that the Applicant had demonstrated a significant and adverse change in circumstances, justifying the termination of the Agreement.

Consequently, the court ordered the termination of the Katherine Women's Information and Legal Service Inc. Enterprise Agreement 2009, effective from the date of the judgment. This decision allows the Applicant to implement the proposed changes to the terms and conditions of employment for the employees.

Katherine Women's Information and Legal Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established