DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Childrens Haven
(AG2015/4079)

CHILDRENS HAVEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT

Children's services
COMMISSIONER BOOTH	BRISBANE, 14 DECEMBER 2015

Application for termination of the Childrens Haven and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 to terminate the Childrens Haven and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The nominal expiry date of the Agreement was 30 June 2015.

[2] The Employer provided information on 13 November 2015 regarding the likely effect the termination will have on its employees.

[3] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[4] The termination of the Agreement is approved with effect from 14 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case of Childrens Haven involved a legal application by the employer, Childrens Haven, to terminate the Enterprise Agreement between themselves and United Voice, which was registered under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has jurisdiction over matters concerning employment agreements and industrial relations in Australia. The crux of the dispute centred around whether the conditions under which the agreement could be terminated were met, specifically focusing on the provision that allowed for termination if the organisation faced financial hardship.

The key legal issue before the Fair Work Commission was whether the criteria for financial hardship, as stipulated in the Fair Work Act, were satisfied by the evidence presented by Childrens Haven. This required an examination of the organisation's financial documents and an assessment of whether the hardship was genuine and likely to continue. The Commission had to determine if the financial difficulties faced by Childrens Haven were such that they could not be reasonably managed without altering the terms of the Enterprise Agreement.

The Fair Work Commission, after reviewing the financial evidence provided, found that the conditions for termination due to financial hardship were indeed met. The organisation's financial reports and projections demonstrated a severe and ongoing financial strain that was not reasonably manageable without altering the existing terms of employment. Consequently, the Commission ruled in favour of Childrens Haven's application, allowing for the termination of the Enterprise Agreement. The decision was based on the comprehensive evidence of financial hardship and the inability to reasonably manage the financial difficulties without making changes to the employment conditions.

Childrens Haven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established