University of Canberra

[2009] FWA 1508

[2009] FWA 1508

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transistional Provisions and Consequential Amendments) Act 2009
cl. 16 of Schedule 3 - Application for termination of collective agreement

University of Canberra
(AG2009/18616)

UNIVERSITY OF CANBERRA EXECUTIVE STAFF WORKPLACE AGREEMENT 2006-2008
[AC301464]

Educational services
COMMISSIONER DEEGAN	CANBERRA, 3 DECEMBER 2009

Collective agreement-based transitional instruments, termination by Fair Work Australia

[1] An application has been made for the termination of the University of Canberra Executive Staff Workplace Agreement 2006-2008 (the Agreement). The application was made pursuant to clause 16, Schedule 3 of the Fair Work (Transistional Provisions and Consequential Amendments) Act 2009.

Legislation

[2] Clause 16 relevantly provides:

16 Collective agreement-based transitional instruments: termination by FWA

(1) Subdivision D of Division 7 of Part 2-4 of the Fair Work 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.

[3] Section 226 of Subdivision D of Division 7 of Part 2-4 of the Fair Work Act states:

When FWA must terminate an enterprise agreement

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

(a)  FWA is satisfied that it is not contrary to the public interest to do so; and

(b)  FWA 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.

Consideration

[4] The Agreement has a nominal expiry date of 31 March 2008.

[5] Only two very senior employees of the University of Canberra remain covered by the Agreement and each has indicated a preference to be covered by a common law contract rather than the Agreement.

[6] I am satisfied that, in all the circumstances it is not contrary to the public interest to terminate the Agreement.

[7] The termination operates from the date of this approval.

COMMISSIONER

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