G8 Education Ltd

[2016] FWCA 15

[2016] FWCA 15

DECISION

Fair Work Act 2009

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

G8 Education Ltd

(AG2015/4437)

CREATIVE GARDEN ENTERPRISE AGREEMENT 2013

Children's services

COMMISSIONER BOOTH BRISBANE, 11 JANUARY 2016

Application for termination of the Creative Garden Enterprise Agreement 2013.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act)

to terminate the Creative Garden Enterprise Agreement 2013 (the Agreement). The nominal

expiry date of the Agreement was 30 June 2015.

[2]        Section 226 of the Act provides for when the Fair Work Commission must terminate

an enterprise agreement, it 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]        I have considered the views of the employees, employers and the employee

organisation and I have considered the likely effect that the termination will have on each of

them. After termination, employees’ terms and conditions will revert to the Children Services

Award 2010 or the Educational Services (Teachers) Award 2010.
[2016] FWCA 15

[4]        In all circumstances I consider that it is not contrary to public interest to do so.

[5]        I am satisfied that the requirements of s.226 for the termination of an enterprise

agreement after its nominal expiry date have been met.

[6]        The termination of the Agreement is approved with effect from 11 January 2016.

COMMISSIONER

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