Swinburne Student Association Limited

[2025] FWCA 807

[2025] FWCA 807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Swinburne Student Association Limited

(AG2025/498)

SWINBURNE STUDENT UNION (SSU) INCORPORATED ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 4 MARCH 2025

Application for termination of the Swinburne Student Union (SSU) Incorporated Enterprise Agreement 2022.

1. Swinburne Student Association Limited (Applicant) has applied pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Swinburne Student Union (SSU) Incorporated Enterprise Agreement 2022 (Agreement). The Agreement is a single enterprise agreement made directly with employees and no employee organisation is covered by it. It has a nominal expiry date of 7 June 2025.

1. Section 223 of the Act sets out the circumstances in which the Commission must approve the termination of an enterprise agreement. It provides:

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.

1. In a Statutory Declaration in support of the application (Form F24A), Mr Josh Gilligan, Chief Executor Officer of the Applicant, outlined the process taken to consult with the employees about the proposed termination of the Agreement. Mr Galligan declared that of the 4 employees covered by the Agreement, all 4 employees who cast a valid vote in relation to whether the Agreement should be terminated voted in favour of terminating the Agreement.

1. The application was lodged together with an application to approve a new enterprise agreement known as Swinburne Student Association Limited Enterprise Agreement 2025 (the 2025 Agreement) which was intended to replace the Agreement upon its termination. The 2025 Agreement has been approved by the Commission on 4 March 2025 and will operate from 11 March 2025.

1. Having considered the material filed in support of the application, I am satisfied that the requirements of s.223 of the Act have been met. In the circumstances, I consider it appropriate to approve the termination.

1. The termination of the Agreement is approved. The termination will come into effect at midnight on 10 March 2025.

DEPUTY PRESIDENT

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