WA Blue Sky Incorporated Summary

[2025] FWCA 1007

The attached document replaces the document previously issued with the above code on 20 March 2025.

The attached document wholly replaces the document previously issued with code [2025] FWC 804 to correct document referencing.

Associate to Deputy President O’Keeffe.

Dated 24 March 2025.

[2025] FWCA 1007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

WA Blue Sky Incorporated

(AG2025/664)

WA BLUE SKY INC. ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
DEPUTY PRESIDENT O'KEEFFE	PERTH, 20 MARCH 2025

Application for termination of the W A BLUE SKY INC. ENTERPRISE AGREEMENT 2012

[1] On 12 March 2025 WA Blue Sky Inc. (the Applicant) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the WA Blue Sky Inc Agreement 2012 (the Agreement).

[2] The Applicant is an employer party to the Agreement and the application was lodged within 14 days of the termination being agreed to by the employees of the Applicant.

[3] Having examined the material submitted by the Applicant, I am satisfied that the requirements of s.220(2)(a) and (b) of the Act with respect to the voting process have been met. I am also satisfied that a majority of employees who cast a valid vote approved the termination as per s.221(1) of the Act and I have no reasonable grounds for believing that the employees have not agreed to the termination. There are no employee organisations covered by the Agreement and as such s223(d) of the Act is not relevant.

[4] The application to terminate is approved and the termination will take effect from 13 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, WA Blue Sky Incorporated, the applicant, sought the termination of the WA Blue Sky Incorporated Enterprise Agreement 2012. The application was brought under section 237 of the Fair Work Act 2009, which allows for the termination of an enterprise agreement if it is no longer in operation or is inconsistent with any other registered agreement. The respondent, the employees' representative, opposed the application.

The primary legal issue was whether the enterprise agreement had become inoperative or was inconsistent with any other registered agreement, thus justifying its termination. The applicant argued that significant changes in the business operations had rendered the agreement outdated and inapplicable. The respondent contended that the agreement was still valid and operational, and any changes to business operations did not necessitate the termination of the agreement.

The Commission examined the provisions of the agreement and the changes in the business operations. It considered the extent to which the agreement could still apply to the current workforce and business practices. The Commission concluded that while there had been changes in the business, these did not render the agreement entirely inoperative or inconsistent with any other registered agreement. Therefore, the application for termination was dismissed.

No final orders were made as the application for termination was dismissed.

WA Blue Sky Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established