Endeavour Hills Children Pty Ltd T/A Rose Garden Child Care and Kindergarten Endeavour Hills

[2016] FWCA 8251

[2016] FWCA 8251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Endeavour Hills Children Pty Ltd T/A Rose Garden Child Care and Kindergarten Endeavour Hills
(AG2016/6852)

Children’s services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 NOVEMBER 2016

Application for termination of the Rose Garden Child Care and Kindergarten Agreement 2013.

[1] This decision follows an application made on 7 November 2016 by Endeavour Hills Children Pty Ltd trading as Rose Garden Child Care and Kindergarten Endeavour Hills (the applicant) under section 225 of the Fair Work Act 2009 (the Act) to terminate the Rose Garden Child Care and Kindergarten Agreement 2013, ABN 14 134 910 188 (Endeavour Hills Children Pty Ltd) (AE403709) (the agreement).

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

[3] The Act 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.

[4] The matter was listed for hearing. No party submitted contrary to the submissions of the applicant.

[5] I am satisfied that the relevant sections of the Act are met such that I must terminate the Agreement. The termination will take effect from the date of this Decision.

DEPUTY PRESIDENT

Hearing details:

2016

Melbourne

14 November

Final written submissions:

2016

11 November

Printed by authority of the Commonwealth Government Printer

<Price code A, AE403709  PR587622 >