Blue Angel Enterprises Pty Ltd ATF GTT Family Trust T/A Ellenbrook’s Woodlake Child Care Centre

[2015] FWCA 4210

[2015] FWCA 4210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Blue Angel Enterprises Pty Ltd ATF GTT Family Trust T/A Ellenbrook’s Woodlake Child Care Centre
(AG2015/1285)

WESTERN AUSTRALIAN CHILD CARE MANAGERS ENTERPRISE AGREEMENT 2009

Children's services
COMMISSIONER WILSON	MELBOURNE, 23 JUNE 2015

Application for termination of the Western Australian Child Care Managers Enterprise Agreement 2009.

[1] On 28 May 2015, Blue Angel Enterprises Pty Ltd ATF GTT Family Trust, trading as Ellenbrook’s Woodlake Child Care Centre made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Western Australian Child Care Managers Enterprise Agreement 2009 [AE873978] (the Agreement).

[2] Firstly, I am satisfied that the Applicant has standing to make the application to terminate the Agreement for the reason that a transfer of business occurred between the Applicant and the entity originally bound to the Agreement at the time of its approval.

[3] The material before me includes the application, a statutory declaration filed by the employer in support of the application, and further material provided in accordance with Directions issued by me on 15 June 2015. I am satisfied that each of the requirements of s.226 of the Act have been met. Accordingly, I must approve the termination of the Agreement.

[4] Pursuant to s.227 of the Act the termination of the Agreement will come into effect from 23 June 2015.

COMMISSIONER

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