Gamumbi Early Childhood Incorporated

[2019] FWCA 363

[2019] FWCA 363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Gamumbi Early Childhood Incorporated
(AG2018/5834)

GAMUMBI EARLY EDUCATION CENTRE INC EMPLOYEE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER JOHNS	SYDNEY, 22 JANUARY 2019

Application for termination of the Gamumbi Early Education Centre Inc Employee Collective Agreement 2013.

[1] On 18 October 2018, Gamumbi Early Childhood Incorporated (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Gamumbi Early Education Centre Inc Employee collective Agreement 2013(Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is 30 June 2015.

[3] On 22 October 2018, the Applicant was directed:

a) by 4:00 pm on Monday 29 October 2018 the applicant must email a copy of the directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Monday, 12 November 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements and documents they rely upon in opposition to the Agreement being terminated.

[4] On 25 October 2018, the Applicant filed a statutory declaration in compliance with the directions.

[5] No submissions in opposition were filed.

[6] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from today, 22 January 2019

COMMISSIONER

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