St George And Sutherland Community College Summary

[2018] FWCA 5948

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

St George And Sutherland Community College

(AG2018/3668)

St George and Sutherland Community College Enterprise Agreement, 2011

Educational services
Commissioner Johns	SYDNEY, 24 SEPTEMBER 2018

Application for termination of the St George & Sutherland Community College Enterprise Agreement 2011.

On 8 August 2018, St George And Sutherland Community College (Applicant) made an application in the Fair Work Commission (Commission) to terminate the St George and Sutherland Community College Enterprise Agreement, 2011 (Agreement) under s.225 of the Fair Work Act 2009 (Cth) (Act).

The nominal expiry date of the Agreement is 27 February 2015.

On 10 August 2018,

a)the Applicant was directed to email a copy of the directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with the directions by 4:00 pm on Thursday, 16 August 2018; and

b)any employee or any organisation which opposes the termination of the Agreement was directed to file in the Commission any submissions, written statements by 4:00 pm on Monday, 27 August 2018.

On 16 August 2018 the Applicant filed a statutory declaration in compliance with the directions.

No submissions in opposition were filed.

Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from today.

COMMISSIONER

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CaseChat Overview and Summary

The St George & Sutherland Community College was the applicant in an application to the Fair Work Commission for the termination of the St George & Sutherland Community College Enterprise Agreement 2011. The college sought the termination of the enterprise agreement on the grounds that it was no longer appropriate for the college due to changes in circumstances. The college argued that the enterprise agreement was out of date and did not reflect the current operational needs of the institution.

The legal issues before the Commission included whether there had been a significant change in circumstances warranting the termination of the enterprise agreement, and if so, whether the termination was in the best interests of the college and its employees. The Commission had to consider the current operational environment, the relevance of the existing agreement, and the potential impact of termination on the employees.

The Commission found that there had indeed been a significant change in circumstances, noting the evolving nature of the educational sector and the specific operational challenges faced by the college. It concluded that the existing enterprise agreement was no longer suitable and that its termination was in the best interests of both the college and the employees. The decision recognised the need for a more contemporary agreement that aligns with the current needs of the college and its workforce.

As a result, the Fair Work Commission granted the application for the termination of the St George & Sutherland Community College Enterprise Agreement 2011. The termination took effect on the date specified in the decision, paving the way for the negotiation of a new enterprise agreement that better suits the current operational environment of the college.

St George And Sutherland Community College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established