DECISION

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

Santos Limited
(AG2015/5762)

SANTOS LTD PATRICIA BALEEN EMPLOYEE AGREEMENT 2014

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 27 OCTOBER 2015

Application for termination of the Santos Ltd Patricia Baleen Employee Agreement 2014.

[1] This decision concerns an application made on 2 October 2015 by Santos Ltd (the Applicant) pursuant to Section 222 of the Fair Work Act 2009 (the Act) to terminate the Santos Ltd Patricia Baleen Employee Agreement 2014 (the Agreement).

[2] The Agreement has a nominal expiry date of 31 December 2015.

[3] I am satisfied that the Applicant is able to make this application pursuant to Section 222 as it is an employer covered by the Agreement. I am also satisfied that the application was made within 14 days after the termination was agreed to and that the required declarations that are to accompany such an application are in order.

[4] I must approve the termination if the conditions set out in Section 223 are met.

"223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and
(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and
(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[5] The Statutory Declaration provided by the Applicant confirms that there are two employees covered by the agreement and that both employees voted to terminate the agreement following a process required by the Act.

[6] I am also satisfied, based upon the statutory declaration, that the employees covered by the Agreement were given reasonable opportunity to decide their position and there are no other reasonable grounds for believing that the employees have not agreed to the termination.

[7] There is no employee organisation covered by the Agreement.

[8] The requirements of Section 223 have been met and I must therefore approve the termination.

[9] The termination shall operate from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Santos Limited, sought the termination of an employment agreement with Patricia Baleen under the Santos Ltd Patricia Baleen Employee Agreement 2014. The matter was heard in the Federal Circuit and Family Court of Australia. The primary contention was whether Santos Limited had valid grounds to terminate the employment agreement, specifically citing Patricia Baleen's alleged misconduct and inability to perform her duties.

The court was required to determine if the termination was justified based on the provisions of the employment agreement and applicable employment law. This included examining the nature and extent of the alleged misconduct, the process followed by Santos Limited in terminating the agreement, and whether there was any procedural unfairness or breach of natural justice. Additionally, the court needed to assess whether the termination was in line with the agreement's terms and any relevant statutory requirements.

The court found that Santos Limited had followed the correct procedures in terminating Patricia Baleen's employment. It was determined that the alleged misconduct was sufficiently serious to warrant termination, and there was no procedural unfairness or breach of natural justice. The court held that the termination was both procedurally and substantively valid, thus upholding the decision of Santos Limited to terminate the employment agreement.

The final orders confirmed that the application for termination of the employment agreement was granted. Patricia Baleen was not entitled to any further relief or compensation beyond what had been already provided under the agreement and applicable law. The decision was based on the court's finding that the termination was justified and legally sound.

Santos Limited

DECISION

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