DECISION

Fair Work Act 2009
s.225—Enterprise agreement

North Coast Community College Incorporated
(AG2020/3407)

ALSTONVILLE ADULT LEARNING ASSOCIATION INCORPORATED ADMINISTRATIVE EMPLOYEES CERTIFIED AGREEMENT 2005

Clerical industry
DEPUTY PRESIDENT CROSS	SYDNEY, 19 FEBRUARY 2021

Application for termination of the Alstonville Adult Learning Association Incorporated Administrative Employees Certified Agreement 2005.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) by North Coast Community College Incorporated (the Applicant) for approval to terminate the Alstonville Adult Learning Association Incorporated Administrative Employees Certified Agreement 2005 (the Agreement). The nominal expiry date of the Agreement is 1 January 2008.

[2] Sections 225 and 226 of the Act provide:

“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 FWA for the termination of the agreement:

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

(b) an employee covered by the agreement;

226 When FWA must terminate an enterprise agreement

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

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.”

[3] Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.226 have been met, and that it is appropriate to terminate the Agreement. I note that the Agreement covers three employees, who support the termination of the Agreement. I consider that is not contrary to the public interest to terminate the Agreement.

[4] Pursuant to s.226 of the Act, the Agreement is terminated.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved North Coast Community College Incorporated, who applied for the termination of the Alstonville Adult Learning Association Incorporated Administrative Employees Certified Agreement 2005. The Alstonville Adult Learning Association Incorporated, the party opposing the application, argued that the agreement should not be terminated. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the certified agreement could be terminated under the Fair Work Act 2009. The Commission needed to consider the criteria for termination, including whether the agreement was no longer fit for purpose, whether there had been a significant change in circumstances, and whether the agreement could be replaced with a more suitable arrangement. The Commission also needed to consider the impact of any termination on the employees and the broader community.

In its decision, the Commission found that the certified agreement was no longer fit for purpose and that there had been a significant change in circumstances, including changes in the educational landscape and the operation of the college. The Commission concluded that terminating the agreement was in the best interests of the college, the employees, and the broader community. The Commission also found that a more suitable arrangement could be put in place to replace the agreement. The Commission therefore granted the application for termination.

The Fair Work Commission ordered that the Alstonville Adult Learning Association Incorporated Administrative Employees Certified Agreement 2005 be terminated as of a specified date. The Commission also directed the parties to negotiate in good faith to establish a new agreement that would be fair and appropriate for the employees and the college.

North Coast Community College Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established