Oxfam Australia

[2016] FWCA 619

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Oxfam Australia

(AG2015/7125)

OXFAM AUSTRALIA AND AUSTRALIAN SERVICES UNION

ENTERPRISE AGREEMENT 2012

Health and welfare services

COMMISSIONER WILSON

MELBOURNE, 5 FEBRUARY 2016

Application for termination of the Oxfam Australia and Australian Services Union Enterprise

Agreement 2012.

[1] On 21 December 2015, Oxfam Australia made an application pursuant to s.222 of the

Fair Work Act 2009 (the Act) to terminate the Oxfam Australia and Australian Services

Union Enterprise Agreement 2012 (the Agreement).

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

views of the Australian Services Union, which is covered by the Agreement pursuant to

s.183(1) of the Act, were sought as to the application to terminate the Agreement, however no

such views were forthcoming.

[3] I am satisfied that each of the matters 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 5 February 2016.

Printed by authority of the Commonwealth Government Printer

COMMISSIONER

CaseChat Overview and Summary

The case involved an application by Oxfam Australia to terminate the Oxfam Australia and Australian Services Union Enterprise Agreement 2012. The application was made under section 222 of the Fair Work Act 2009, and no opposition was received from any employees or the Australian Services Union, which is covered by the agreement. The decision was made by Commissioner Wilson in Melbourne on 5 February 2016. The primary legal issue was whether the requirements of section 222 and 223 of the Act had been met to allow for the termination of the enterprise agreement.

The Commissioner found that all the necessary matters under section 222 and 223 of the Act had been met, including that the application was made in good faith and that the agreement could not be maintained. The Commissioner was satisfied that there were no employees or the union opposing the termination and that the agreement could not be maintained. The Commissioner determined that the termination of the agreement would come into effect from 5 February 2016, in accordance with section 224 of the Act.

Oxfam Australia's application to terminate the enterprise agreement was approved by the Commissioner. The termination of the agreement was effective from 5 February 2016. The Commissioner found that all the necessary matters under section 222 and 223 of the Act had been met, including that the application was made in good faith and that the agreement could not be maintained. The Commissioner was satisfied that there were no employees or the union opposing the termination and that the agreement could not be maintained. The decision was made in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established