South Newcastle Rugby League Club Ltd T/A South Newcastle Rugby League Club

[2022] FWCA 3506

[2022] FWCA 3506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

South Newcastle Rugby League Club Ltd T/A South Newcastle Rugby League Club

(AG2022/3742)

South Newcastle Rugby League Club Employees Enterprise Agreement 2018

Registered clubs industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 OCTOBER 2022

Application for termination of the South Newcastle Rugby League Club Employees Enterprise Agreement 2018

1. South Newcastle Rugby League Club Ltd T/A South Newcastle Rugby League Club (South Newcastle Rugby League) is covered by the South Newcastle Rugby League Club Employees Enterprise Agreement 2018 (Agreement) and has made an application to terminate the Agreement pursuant to s 225 of the Fair Work Act 2009 (Cth) (Act). The nominal expiry date of the Agreement was 26 April 2021.

1. The United Workers’ Union (UWU) is covered by the Agreement.

1. On 8 September 2022, I directed the UWU to file and serve any submissions, witness statements and documents it wished to rely on in relation to the application to terminate the Agreement by 4pm on 14 September 2022. The UWU confirmed by email on 14 September 2022 that it did not wish to oppose the application or make submissions in this matter.

1. There are employees covered by the Agreement. I gave those employees an opportunity to inform the Fair Work Commission (Commission) of their views in relation to the application to terminate the Agreement.

1. On both 26 and 29 September 2022, my Chambers received an email from an employee of South Newcastle Rugby League. Both employees informed the Commission that they support the application to terminate the Agreement. No other employees covered by the Agreement informed the Commission of their views in relation to the application to terminate the Agreement.

1. I am satisfied that the organisation and employees covered by the Agreement have been given an opportunity to inform the Commission of their views in relation to the application to terminate the Agreement.

1. Having regard to the information contained in Mr Pringle’s statutory declaration made on 6 September 2022 in support of the application for termination of the Agreement, the response received from the UWU on 14 September 2022 and the responses received from the employees on 26 and 29 September 2022, I am satisfied that:[1]

• termination of the Agreement is not contrary to the public interest; and

• it is appropriate to terminate the Agreement taking account all the circumstances including:

• the views of the employees covered by the Agreement;

• the views of South Newcastle Rugby League;

• the views of the UWU; and

• the circumstances of the employees, the UWU and South Newcastle Rugby League including the likely effect that the termination will have on each of them.

1. Accordingly, I terminate the Agreement with effect from midnight on Friday, 14 October 2022. An order [PR746656] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

<PR746657>

[1] Section 226 of the Fair Work Act 2009 (Cth)

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