G8 Education Ltd Summary

[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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CaseChat Overview and Summary

G8 Education Ltd sought termination of the Creative Garden Enterprise Agreement 2013, which had expired on 30 June 2015. The Fair Work Commission was asked to decide on the application under section 225 of the Fair Work Act 2009. The Commission had to determine whether it was appropriate to terminate the agreement, taking into account the views of the employees, employers and the employee organisation, as well as the likely effect of termination on each party.

The legal issues before the Commission were whether the termination of the agreement would be contrary to the public interest and if all circumstances for termination had been met. The Commission examined the views of the employees, employers, and the employee organisation and considered the likely effect of terminating the agreement. It was found that upon termination, employees’ terms and conditions would revert to the Children Services Award 2010 or the Educational Services (Teachers) Award 2010.

The Fair Work Commissioner concluded that it was not contrary to public interest to terminate the agreement and that all requirements for termination under section 226 had been met. The Commissioner considered the views of the employees, employers and the employee organisation, and the likely effect of termination on each party. The Commissioner approved the termination of the agreement, effective from 11 January 2016.

The final order of the court was to terminate the Creative Garden Enterprise Agreement 2013, effective from 11 January 2016.

G8 Education Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

(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