Queensland Working Women's Service Inc.

[2017] FWCA 6264

This decision wholly replaces the document previously issued with the above code on 17 November 2017.

Olivia Pratt
Associate to Commissioner Simpson

Dated 27 November 2017

[2017] FWCA 6264

FAIR WORK COMMISSION

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 The Queensland Working Women's Service Inc. Certified Agreement 2015.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant sought to terminate the Queensland Working Women's Service Inc. Certified Agreement 2015, which was currently in effect between the applicant and the respondent. The application was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the certified agreement should be terminated on the grounds that the organisation no longer met the criteria for being a registered organisation under the Fair Work Act 2009 (Cth). The FWC needed to consider if the applicant had fulfilled its obligations under the Act and whether the agreement was still serving the public interest.

The FWC assessed the evidence presented by both parties and examined the statutory requirements for registration and deregistration of organisations under the Fair Work Act. It considered the role and activities of the applicant, along with its capacity to represent the interests of the employees covered by the agreement. The FWC also weighed the public interest in maintaining the agreement, taking into account the potential impact on the employees and the broader community. After carefully evaluating all the evidence, the FWC concluded that the applicant did not meet the criteria for registration and decided to terminate the certified agreement.

The FWC ordered the termination of the Queensland Working Women's Service Inc. Certified Agreement 2015, effective from a specified date. The decision was based on the finding that the applicant was not a registered organisation as per the requirements of the Fair Work Act. The termination of the agreement was deemed necessary to ensure compliance with the statutory framework and to maintain the integrity of the registration process. The FWC's decision underscores the importance of meeting the criteria for registration and the consequences of failing to do so, highlighting the need for organisations to adhere to the legislative requirements to maintain their status.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established