Community Services of Gungahlin Incorporated T/A Nichols Early Learning Centre

[2020] FWCA 6614

[2020] FWCA 6614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Community Services of Gungahlin Incorporated T/A Nichols Early Learning Centre
(AG2020/3647)

UNITED VOICE BIG STEPS AND COMMUNITY SERVICES OF GUNGAHLIN AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT DEAN	SYDNEY, 23 DECEMBER 2020

Application for termination of the United Voice Big Steps and Community Services of Gungahlin Agreement 2013.

[1] Community Services of Gungahlin Incorporated T/A Nicholls Early Childhood Centre (the Applicant) for the termination of the United Voice Big Steps and Community Services of Gungahlin Agreement 2013 (the Agreement), pursuant to s.225 of the Fair Work Act 2009 (the Act). The Agreement has passed its nominal expiry date of 30 June 2015.

[2] Section 226 of the Ac provides:

“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.”

[3] The application is supported by a statutory declaration by Ms Annette Coleman, Director of the Applicant, stating that the employer provides better employment conditions than the Agreement and the termination will not have any adverse effect on the employees.

[4] United Voice (now the United Workers’ Union), being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[5] On 8 December 2020, the Applicant was directed to circulate my directions to the affected employees which set out an overview of the application and requested that any persons who wished to oppose the application to advise my chambers by 22 December 2020. No opposition to the application has been received from or on behalf of any employees.

[6] I have considered, and am satisfied the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[7] The termination will come into effect from 23 December 2020.

DEPUTY PRESIDENT

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