austlii:cth/FWCA/2026/8
General information, not legal advice.
FWCA
2026-01-05
Original judgment source is linked above.
s.222 - Enterprise Agreement
SWINBURNE UNIVERSITY OF TECHNOLOGY, ACADEMIC & GENERAL STAFF ENTERPRISE AGREEMENT 2017
Application for termination of the Swinburne University of Technology, Academic & General Staff Enterprise Agreement 2017
[1] Swinburne University of Technology (the Applicant), has applied, pursuant to s222 of the Fair Work Act 2009 (the Act), to terminate the Swinburne University of Technology, Academic & General Staff Enterprise Agreement 2017 (the Agreement). The nominal expiry date of the Agreement is 30 June 2021.
[2] Having considered 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. I have considered the views of the National Tertiary Education Union (NTEU), who is an employee organisation covered by the Agreement, who do not object to the termination of the Agreement.
[3] Because I am satisfied as to each of the matters referred to in s223(a) to (d) of the Act, I must approve the termination of the Agreement.
In accordance with s 224 of the Act, the termination of the Agreement will come into effect from 5 January 2026. An order giving effect to this decision will be issued under PR795469.

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