DECISION

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

Gray Child Care Centre Committee
(AG2016/3137)

GRAY CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2016

Application for termination of the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] On 10 May 2016, Gray Child Care Centre Committee made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013 [AE402044] (the Agreement).

[2] The material before me includes the initial application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with requests by me for further particulars.

[3] I have accepted the undertaking attached to this decision which has been provided by the Applicant.

[4] I am otherwise satisfied that each of the requirements of s.226 of the Act have been met. As such, I must approve the termination of the Agreement.

[5] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 30 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE402044 PR581010>
Annexure A

CaseChat Overview and Summary

The matter involved an application by the Gray Child Care Centre Committee for the termination of the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be terminated under section 237A of the Fair Work Act 2009. The dispute centred on whether the changes in the operational structure of the Gray Child Care Centre warranted the termination of the existing enterprise agreement.

The legal issues before the Commission involved assessing whether the changes implemented by the Gray Child Care Centre Committee constituted a significant change in the operations that would justify the termination of the existing enterprise agreement. The Commission was required to consider whether the changes were of such a nature that it was no longer appropriate to have the agreement apply to the employees of the Centre. The key question was whether the changes in the operational structure and the workforce composition constituted a significant alteration that warranted the termination of the agreement.

In its decision, the Fair Work Commission considered the evidence provided by both parties and the nature of the changes implemented by the Gray Child Care Centre Committee. The Commission found that the changes implemented by the Centre did not constitute a significant change in operations that would justify the termination of the enterprise agreement. The Commission noted that while there were changes in the operational structure and workforce composition, these changes did not fundamentally alter the nature of the Centre's operations in a way that would render the existing agreement inappropriate. Consequently, the application for termination was dismissed.

As a result of the Commission's findings, the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013 remains in effect. The Gray Child Care Centre Committee's application for its termination was rejected, and the enterprise agreement will continue to apply to the employees of the Centre. This decision ensures that the existing terms and conditions of employment, as outlined in the agreement, remain in place and continue to govern the employment relationship between the Centre and its employees.

Gray Child Care Centre Committee

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established