Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme

[2020] FWCA 4952

[2020] FWCA 4952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme
(AG2020/2502)

HOLISTIC APPROACH FAMILY DAY CARE SCHEME ENTERPRISE AGREEMENT 2015

Children’s services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 SEPTEMBER 2020

Application for termination of the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015.

[1] This decision concerns an application made by Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme (Applicant) for the termination of the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015 (Agreement).

[2] This application is made under s.225 of the Fair Work Act 2009 (Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

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

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

(b) the FWC 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”.

[5] The Applicant has provided in support of its application a statutory declaration from Ms Michelle Kayelene Florimo, who is the General Manager of the Applicant.

[6] Ms Florimo explains that termination of the Agreement will not affect any relevant employees. Employees are paid above the rates provided for by the Children's Services Award 2010 or Educational Services (Teachers) Award 2010 (where relevant), and employees will continue to be paid this way. The Applicant would prefer touse the most up-to-date Award terms and conditions to meetthe needs of all employees within its business. Further, the Applicant sought the views of the relevant employees, who have all voted in favour of terminating the Agreement.

Consideration

[7] I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account the views of the Applicant, and the evidence from relevant employees, I do consider in the circumstances here that it is appropriate to terminate the Agreement. Accordingly, the Agreement is terminated and pursuant to s.227 of the Act, the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

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