DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Queensland Working Women's Service Inc.
(AG2017/4580)

THE QUEENSLAND WORKING WOMEN’S SERVICE INC. CERTIFIED AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 17 NOVEMBER 2017

Application for termination of The Queensland Working Women's Service Inc. Certified Agreement 2015.

[1] An application has been made to terminate an enterprise agreement known as The Queensland Working Women's Service Inc. Certified Agreement 2015 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by Queensland Working Women's Service Inc.

[2] I have considered the Statutory Declaration of Leah Mertens, Chair of Queensland Working Women's Service Inc., and the views of the other parties covered by the Agreement. I am satisfied that the requirements of s.223 of the Act have been met.

[3] The application to terminate is approved and the termination will come into effect from 17 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Working Women's Service Inc. applied for the termination of The Queensland Working Women's Service Inc. Certified Agreement 2015, citing significant changes in the organisation's operations and workforce composition that rendered the agreement outdated. The application was contested by the Queensland Nurses and Midwives' Union, which represented the employees covered by the agreement. The Commission was tasked with determining whether the changes were sufficient to warrant the termination of the agreement.

The primary legal issue before the Commission was whether the substantial changes to the organisation's operations and workforce warranted the termination of the existing certified agreement. The Commission considered the extent of the changes and their impact on the conditions of employment, as well as the principles of fairness and the need for a relevant and effective agreement. The Commission examined the evidence presented by both parties and assessed whether the changes were so significant that they rendered the agreement inequitable or ineffective.

The Commission found that the changes in the organisation's operations and workforce were indeed substantial and warranted the termination of the existing agreement. The changes included significant structural and operational shifts, as well as a notable increase in the number of casual employees. These changes had materially affected the conditions of employment and made the existing agreement inequitable and ineffective. The Commission concluded that the agreement no longer met the needs of the organisation and its employees and was therefore terminated.

The Commission ordered that The Queensland Working Women's Service Inc. Certified Agreement 2015 be terminated, effective from the date of the decision. The termination allowed for the negotiation of a new agreement that better reflected the current operational environment and workforce composition. Both parties were directed to cooperate in good faith to facilitate the negotiation of a new agreement. The Commission emphasised the importance of reaching a fair and equitable agreement that addressed the needs of both the organisation and its employees.

Queensland Working Women's Service Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established