Chatterbox Albany Creek Pty Ltd T/A Chatterbox Albany Creek Trust T/A Chatterbox Early Learning & Child Care Albany Creek

[2022] FWCA 3776

[2022] FWCA 3776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Chatterbox Albany Creek Pty Ltd T/A Chatterbox Albany Creek Trust T/A Chatterbox Early Learning & Child Care Albany Creek

(AG2022/4342)

Chatterbox Child Development and Child Care Centre - Albany Creek Enterprise Agreement 2012

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 3 NOVEMBER 2022

Application for termination of the Chatterbox Child Development and Child Care Centre - Albany Creek Enterprise Agreement 2012

1. On 14 October 2022 an application was made by Chatterbox Albany Creek Pty Ltd T/A Chatterbox Albany Creek Trust T/A Chatterbox Early Learning & Child Care Albany Creek (the Applicant) to terminate the Chatterbox Child Development and Child Care Centre - Albany Creek Enterprise Agreement 2012 (the Agreement). The application was made under s.222 of the Fair Work Act 2009 (the Act), following a vote of employees that approved the termination.

1. The nominal expiry date of the Agreement was 5 December 2016, and there are no employee organisations covered by the Agreement.

1. Section 223 of the Act provides for when the FWC must approve a termination of an enterprise agreement. The section states as follows:

“223     When the FWC must approve a termination of an enterprise agreement

If an application for the approval of the termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a)   The FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc) in relation to the agreement; and

(b)   The FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c)   The FWC is satisfied there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d)   The FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employees organisations (if any) covered by the agreement.”

1. Rachel Walsh, General Manager from the Applicant filed a Form F24A Statutory Declaration. The Statutory Declaration included information indicating that:

·   The Agreement’s nominal expiry date was 5 December 2016;

·   Workplace staff consultation occurred on 20 September 2022;

·   Individual staff meetings by request occurred on 26 and 27 September 2022;

·   A notice was put in the staff room and staff sign in areas on 27 September 2022;

·   An email was sent to staff on leave on 27 September 2022;

·   Voting commenced and concluded on 4 October 2022.

1. The Statutory Declaration also indicated that of the 24 staff covered by the Agreement 23 cast a valid vote of which 19 voted to approve the termination.

1. On the basis of the material before the Commission including the Form F24A Statutory Declaration, I am satisfied that the statutory tests have been met.

1. The application to terminate the Agreement is approved and the termination will take effect from 7 November 2022.

COMMISSIONER

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