Committee of Management of Greystanes Uniting Church Child Care Centre T/A Greystanes Uniting Church Child Care Centre Summary

[2018] FWC 3691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Committee of Management of Greystanes Uniting Church Child Care Centre T/A Greystanes Uniting Church Child Care Centre

(AG2018/2316)

GREYSTANES UNITING CHURCH CHILD CARE CENTRE

ENTERPRISE AGREEMENT 2011 – 2014

Children's services

Vice President Catanzariti

DARWIN, 22 JUNE 2018

Application for termination of the Greystanes Uniting Church Child Care Centre Enterprise Agreement 2011 – 2014.

On 30 May 2018, the Committee of Management of Greystanes Uniting Church Child Care Centre T/A Greystanes Uniting Church Child Care Centre (Applicant) lodged an application pursuant to s.222 of the Fair Work Act 2009 (Cth) (Act) to terminate the Greystanes Uniting Church Child Care Centre Enterprise Agreement 2011 – 2014 [AE884129] (Agreement).

The Agreement is a single enterprise agreement and its nominal expiry date is 31 January 2014.

The relevant provisions of the Act are as follows:

“222 Application for the FWC’s approval of a termination of an enterprise agreement

Application for approval

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:
(a) within 14 days after the termination is agreed to; or
(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

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

If an application for the approval of a 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 that 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 employee organisations (if any) covered by the agreement.

224 When termination comes into operation

If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.”

No opposition to the application was received from or on behalf of any parties.

Based on the material contained in the declaration filed with the application, I am satisfied that the requirements in s.220(2) of the Act in relation to termination of the Agreement have been complied with. Taking into account all of the circumstances including those in ss.222 and 223 of the Act, I consider that it is appropriate to terminate the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

The termination will operate from 22 June 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Committee of Management of Greystanes Uniting Church Child Care Centre applied for the termination of their Enterprise Agreement 2011–2014. The Fair Work Commission was tasked with resolving this application, which arose from a dispute over the agreement's terms and its impact on the operations of the childcare centre. The childcare centre argued that the agreement was no longer suitable due to changes in circumstances that were unforeseen at the time of its creation.

The legal issues before the Commission included whether the conditions for termination of the enterprise agreement under section 232 of the Fair Work Act 2009 were met. The key issue was whether there had been a significant change in circumstances that made the continued operation of the agreement unworkable or inequitable. The Commission needed to consider the evidence presented by both parties and determine if the changes were of such a nature and extent that they justified the termination of the agreement.

In assessing the application, the Commission considered the evidence provided by both parties and the broader context of the childcare industry. The Commission found that there had indeed been significant changes in the regulatory and economic environment that affected the childcare centre's operations. These changes rendered the existing agreement unworkable and inequitable. The Commission concluded that the application for termination should be granted, emphasising the need for the agreement to adapt to the new circumstances to ensure fair and effective operation of the childcare centre.

The Fair Work Commission ordered the termination of the Enterprise Agreement 2011–2014 effective from the date of the decision. This termination allowed the parties to negotiate a new agreement that would better suit the current operational environment and regulatory requirements. The decision underscored the importance of enterprise agreements being adaptable to changes in the broader context in which they operate.

Committee of Management of Greystanes Uniting Church Child Care Centre T/A Greystanes Uniting Church Child Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established