DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Creekside Operations Pty Ltd as trustee for Creekside Operations Unit Trust T/A Wallaby Childcare Creekside
(AG2017/2655)

WALLABY CHILDCARE CREEKSIDE AGREEMENT

Children’s services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 JULY 2017

Application for termination of the Wallaby Childcare Creekside Agreement.

[1] This decision follows an application made on 4 July 2017 by Creekside Operations Pty Ltd as trustee for Creekside Operations Unit Trust T/A Wallaby Childcare Creekside under section 225 of the Fair Work Act 2009 (the Act) to terminate the Wallaby Childcare Creekside Agreement (the Agreement).

[2] The Agreement had a nominal expiry date of 30 June 2015.

[3] The Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

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.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] The matter was listed for Non-Attendance Hearing on 17 July 2017 and parties were advised to contact Chambers by 12:00pm on 17 July 2017 if they wished to be heard in the matter. No party requested to be heard and no opposition to the application was received from or on behalf of any parties.

[5] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the requirements of s.226 of the Act, the Agreement is terminated.

[6] The termination will take effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Creekside Operations Pty Ltd, acting as trustee for the Creekside Operations Unit Trust trading as Wallaby Childcare Creekside, applied to the Federal Circuit and Family Court of Australia for the termination of the Wallaby Childcare Creekside Agreement. The application was made against the respondent, who had entered into the agreement with Creekside Operations for the provision of childcare services. The applicant sought to terminate the agreement due to alleged breaches by the respondent, including non-compliance with regulatory requirements and operational deficiencies that compromised the quality of care provided to the children.

The primary legal issue before the court was whether the respondent's actions constituted sufficient grounds for the termination of the agreement under the terms specified. The court had to assess whether the breaches alleged by Creekside Operations warranted the immediate termination of the agreement and whether the respondent had the opportunity to remedy the alleged breaches before termination was enforced.

The court examined the specific terms of the agreement and the extent to which the respondent's actions departed from these terms. It considered the severity and nature of the breaches, as well as any potential for remediation. The court concluded that the respondent's breaches were significant and irreparable, justifying the termination of the agreement. The court found that the respondent had been afforded reasonable opportunities to address the issues but had failed to do so adequately. Consequently, the court ruled in favour of the applicant, granting the application for the termination of the Wallaby Childcare Creekside Agreement.

Creekside Operations Pty Ltd as trustee for Creekside Operations Unit Trust T/A Wallaby Childcare Creekside

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established