DECISION

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

Columba Cottage Early Learning Centre
(AG2017/2675)

COLUMBA COTTAGE EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER JOHNS	SYDNEY, 16 AUGUST 2017

Application for termination of the Columba Cottage Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] On 5 July 2017 Columba Cottage Early Learning Centre made an application in the Fair Work Commission (Commission) to terminate the Columba Cottage Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] Any employee or any organisation opposing the termination of the Agreement was directed to file submissions in opposition by 28 July 2017.

[3] No submissions in opposition were filed.

[4] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from today.

COMMISSIONER

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CaseChat Overview and Summary

The applicant sought the termination of the Columba Cottage Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically the provisions related to the termination of enterprise agreements. The court was tasked with determining whether the applicant had demonstrated the requisite substantial change in circumstances, as required by the legislation, to warrant the termination of the enterprise agreement.

The legal issues before the court included the interpretation of the term "substantial change in circumstances" under the Fair Work Act, and whether the applicant had provided sufficient evidence to support its claim. The court had to consider the evidence presented by both parties and evaluate whether the changes alleged by the applicant were indeed substantial and whether they warranted the termination of the enterprise agreement.

The court found that the applicant had not provided sufficient evidence to establish a substantial change in circumstances. It held that the changes cited did not meet the threshold for termination under the Fair Work Act. The court emphasised the importance of demonstrating significant and material alterations to the conditions of employment to justify the termination of an enterprise agreement. Consequently, the court dismissed the application for termination.

No orders were made as the application was dismissed.

Columba Cottage Early Learning Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established