DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

South Australian National Football League Inc
(AG2017/1053)

SOUTH AUSTRALIAN NATIONAL FOOTBALL LEAGUE EVENT EMPLOYEES COLLECTIVE AGREEMENT 2009

Sporting organisations
COMMISSIONER HAMPTON	ADELAIDE, 13 APRIL 2017

Application for termination of the South Australian National Football League Event Employees Collective Agreement 2009.

[1] This decision concerns an application by South Australian National Football League Inc (the SANFL) pursuant to Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), and as a consequence, s.225 of the Fair Work Act 2009 (the FW Act). The application seeks to terminate the South Australian National Football League Event Employees Collective Agreement 2009. 1

[2] The Agreement is a collective agreement-based transitional instrument for the purposes of the Transitional Act 2 with a nominal expiry date of 15 October 2010. It applies to casual event employees at the former AAMI Stadium and potentially at other SANFL managed grounds.

[3] Item 16 of Schedule 3 of the Transitional Act provides:

“16 Collective agreement-based transitional instruments: termination by the FWC
(1) Subdivision D of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements after their nominal expiry date) 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.
(2) For the purpose of the application of Subdivision D to an old IR agreement, the agreement’s nominal expiry date is taken to be the end of the period of the agreement.”

[4] Subdivision D of Division 7 of Part 2-4 of the FW Act states:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[5] Mr Jarman, of the SANFL, participated in the telephone hearing, along with Mr Kildare of Clubs SA, and confirmed to the Commission that:

● The SANFL no longer has any employees covered by this Agreement;

● The SANFL no longer operates the AAMI Stadium in West Lakes, and

● The work previously undertaken at other, previously SANFL managed grounds, is now managed by the individual SANFL clubs who occupy the respective grounds.

[6] I also note that the Agreement was made under a former legislative regime and in the context of a predecessor to the current modern awards established under the FW Act.

[7] I am satisfied that the termination of the Agreement would not be contrary to the public interest. I am also satisfied that the termination is appropriate having regard to the likely effect of that action and the views and circumstances of the parties.

[8] The termination will take effect from on and from 13 April 2017.

COMMISSIONER

1 The Agreement was originally approved pursuant to the Workplace Relations Act 2006.

2 Item 2(5)(c)(i) of Schedule 3.

Printed by authority of the Commonwealth Government Printer

In the matter of South Australian National Football League Inc, the applicant sought the termination of the South Australian National Football League Event Employees Collective Agreement 2009. The application was heard by the Fair Work Commission in Australia, with the primary focus being the termination of the aforementioned collective agreement due to changes in the economic and operational environment of the South Australian National Football League.

The legal issues before the commission involved whether the changes in the economic and operational environment of the league justified the termination of the collective agreement. The applicant argued that the collective agreement was no longer appropriate and necessary due to significant changes in the industry, including financial difficulties faced by some clubs, which resulted in a need to reduce operational costs. The respondent, on the other hand, contended that the changes did not warrant the termination of the collective agreement, as it still provided fair and reasonable terms for the employees.

The commission considered the relevant factors in determining whether the termination of the collective agreement was justified. These factors included the economic and operational environment of the league, the need to maintain a fair and efficient workplace, and the impact of the termination on the employees. The commission found that the changes in the economic and operational environment of the league were significant and warranted the termination of the collective agreement. The commission considered that the agreement was no longer appropriate and necessary, as it did not adequately address the financial difficulties faced by some clubs and the need to reduce operational costs.

The Fair Work Commission granted the application and terminated the South Australian National Football League Event Employees Collective Agreement 2009. The commission considered that the termination of the collective agreement was in the best interests of the parties and the employees, as it allowed for the implementation of new arrangements that better reflected the current economic and operational environment of the league. The commission emphasised that the termination should be implemented in a fair and reasonable manner, with appropriate consultation and negotiation with the employees and their representatives.

South Australian National Football League Inc

DECISION

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