City of Perth T/A City of Perth
[2022] FWCA 4228
•2 DECEMBER 2022
| [2022] FWCA 4228 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
City of Perth T/A City of Perth
(AG2022/4974)
City of Perth Child Care Services Agreement 2016
| Local government administration | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 2 DECEMBER 2022 |
Application for termination of the City of Perth Child Care Services Agreement 2016
This decision concerns an application by the City of Perth T/A City of Perth (the Applicant) on 28 November 2022 for the termination of the City of Perth Child Care Services Agreement 2016[1] (the Agreement) made under section 225 of the Fair Work Act 2009 (the Act).
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. I am satisfied that the Applicant has standing to make such application.[2]
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.
In support of its application, the Applicant has provided a statutory declaration from Chris Harrison, who is the People Relations and WHS Manager for the Applicant.
Chris Harrison explained that the Agreement has a nominal expiry date of 9 May 2020, no employee is covered by the Agreement and there is no intention by the Applicant to utilise this Agreement in the future given the closure of the relevant childcare centre.
The United Workers’ Union (UWU) was invited to provide its view on the application. It noted that it did not oppose the application on the basis that the childcare centre is closed and there are no employees covered by this Agreement. The UWU added that it did not consider the termination of the Agreement to be against the public interest.
Consideration
Neither party objected to the Commission determining the application on the papers, and as such I considered that to be the appropriate course.
Briefly stated, I am satisfied that the termination of the Agreement is not contrary to the public interest.
Furthermore, I consider in the circumstances it is appropriate to terminate the Agreement. The views of the employer have been considered and I accept the statement in the supporting statutory declaration that there are no employees covered by the Agreement. The UWU has not challenged this point.
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. An Order[3] to this effect is issued concurrently with this decision.
DEPUTY PRESIDENT
[1] AE424195; [2017] FWCA 2392.
[2] Fair Work Act 2009 (Cth) s 225(1)(a).
[3] PR748504.
Printed by authority of the Commonwealth Government Printer
<AE424195 PR748503>
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