Navitas Pty Limited T/A Navitas

[2022] FWCA 4102

[2022] FWCA 4102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Navitas Pty Limited T/A Navitas

(AG2022/4829)

Eynesbury High School Enterprise Agreement 2018

Educational services
COMMISSIONER PLATT	ADELAIDE, 23 NOVEMBER 2022

Application for termination of the Eynesbury High School Enterprise Agreement 2018

1. On 18 November 2022, Navitas Pty Limited T/A Navitas (Navitas or the Applicant) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Eynesbury High School Enterprise Agreement 2018 (the Agreement).

1. The Agreement has a nominal expiry date of 10 October 2022. The Agreement has now passed its nominal expiry date.

1. Section 226 of the Act states:

“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.”

1. The Agreement does not currently cover any employees. The Independent Education Union of Australia (IEU) is a party to the Agreement. On 22 November 2022, my Associate sent an email to the IEU requesting that they express any views they have in relation to the application for termination. On 22 November 2022, the IEU indicated that they had no objections to the approval of the termination.

1. I have considered the information provided in the application by Navitas pursuant to section 225 of the Act. This includes the Statutory Declaration by Ms Kirsty Anne O’Rourke Human Resources Director, dated 18 November 2022. Ms O’Rourke makes the following submissions in relation to the approval of termination:

·   Eynesbury College and Eynesbury Senior College in South Australia (the School) closed down on or around December 2021.

·   At or around this time, the Applicant ceased to employ anyone whose employment was covered by the Agreement.

·   There are no employees who are currently covered by the Agreement.

1. I am satisfied as to each of the matters contained in section 226 of the Act. I find that it is not contrary to the public interest to terminate the Agreement and that it is appropriate to terminate the Agreement taking into account the views of the employer, the IEU, and the employees covered by the agreement (noting that there are none) and the effect that the termination will have upon each of them.

1. In accordance with section 224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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