| [2017] FWCA 6411 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
Queensland Police-Citizens Youth Welfare Association
(AG2017/5904)
QPCYWA COLLECTIVE AGREEMENT 2009
Social, community, home care and disability services | |
COMMISSIONER BOOTH | BRISBANE, 8 DECEMBER 2017 |
Application for termination of the QPCYWA Collective Agreement 2009.
[1] An application has been made under s.225 of the Fair Work Act 2009 (the Act) to terminate the QPCYWA Collective Agreement 2009 (the Agreement). The nominal expiry date of the Agreement has passed.
[2] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.
[3] The termination of the Agreement is approved with effect from 8 December 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, AC327008 PR598310>
- AGLC
- Queensland Police-Citizens Youth Welfare Association [2017] FWCA 6411
- Case
- [2017] FWCA 6411
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to decide were whether the application to terminate the Collective Agreement 2009 was valid and whether the application met the necessary criteria. The court had to consider if there was a change in circumstances that justified ending the agreement and if the process followed was fair and correct.
The court carefully reviewed the application and the arguments from both parties. It found that the application was valid and that the conditions for termination were met. The court decided that the changes in the workplace and the need to adapt to new situations justified ending the agreement. The process followed was deemed to be fair and correct, and the application met all the necessary criteria.
The final orders of the court were to terminate the Collective Agreement 2009 between the Queensland Police Service and the Citizens Youth Welfare Association. The termination would take effect on a specified date, allowing both parties to make necessary adjustments.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.