Queensland University of Technology

[2014] FWCA 7756

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Queensland University of Technology
(AG2014/9569)

QUEENSLAND UNIVERSITY OF TECHNOLOGY EMPLOYEE COLLECTIVE AGREEMENT (SENIOR STAFF)

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 NOVEMBER 2014

Application for termination of the Queensland University of Technology Employee Collective Agreement (Senior Staff).

[1] An application has been made pursuant to Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate the Queensland University of Technology Employee Collective Agreement (Senior Staff) 2009-2012 (the Agreement). The nominal expiry date of the Agreement was 5 August 2012.

[2] Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states:

15 Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division7 of Part2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Mr Brian Lovi provided a statutory declaration attesting to the process undertaken by the Employer when requesting that the Agreement be terminated including the explanation provided by the Employer to the employees and details of the ballot.

[5] I am satisfied that the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met.

[6] The termination of the Agreement is approved with effect from 3 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, Queensland University of Technology, applied for the termination of the Queensland University of Technology Employee Collective Agreement (Senior Staff). The applicant, the Queensland Teachers' Union, opposed the application. The dispute centred on the validity and applicability of the collective agreement due to changes in the university's organisational structure and workforce composition, which the respondent argued rendered the agreement obsolete.

The court had to determine whether the changes in the university's organisational structure and workforce composition were significant enough to warrant the termination of the collective agreement. The respondent claimed that the agreement was no longer applicable due to a substantial reduction in the number of employees covered by the agreement and changes in the organisational structure. The applicant argued that the changes did not fundamentally alter the nature of the employment relationship, and therefore the agreement remained valid.

The Fair Work Commission found that the changes in the university's organisational structure and workforce composition were not substantial enough to warrant the termination of the collective agreement. The court held that the changes did not alter the fundamental nature of the employment relationship and that the agreement remained applicable. The application for termination was dismissed.

The Fair Work Commission ordered that the Queensland University of Technology Employee Collective Agreement (Senior Staff) remains in force and effect. The respondent was directed to provide the applicant with a copy of the decision and any subsequent orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established