Indooroopilly Kindergarten Inc T/A Indooroopilly Kindergarten

[2018] FWCA 39

[2018] FWCA 39

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Indooroopilly Kindergarten Inc T/A Indooroopilly Kindergarten

(AG2017/6334)

Indooroopilly Kindergarten Early Childhood Education Enterprise Agreement 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 8 JANUARY 2018

Application for termination of the Indooroopilly Kindergarten Early Childhood Education Enterprise Agreement 2015.

1. An application has been made under s.222 of the Fair Work Act 2009 (the Act) to terminate the Indooroopilly Kindergarten Early Childhood Education Enterprise Agreement 2015 (the Agreement). The nominal expiry date of the Agreement is 31 December 2017.

1. The Independent Education Union of Australia (IEUA) is an employee organisation which is covered by the Agreement.

1. The Employer provided a statutory declaration on 15 December 2017, advising that the termination of the Agreement is in accordance with a decision to transfer its operations and assets to the Creche and Kindergarten Association Ltd. The transfer is scheduled to occur at the end of ‘Term 1’, 2018, and will see the Employer’s employees being covered by the C&K Early Childhood Education Enterprise Agreement 2017 (the C&K Agreement). In its statutory declaration, the Employer confirmed that consultations were conducted between December 2016 and November 2017, and that following a secret ballot between 4 December 2017 and 6 December 2017, all four employees covered by the Agreement voted to approve the termination of the Agreement.

1. On 19 December 2017, my Associate wrote to the Employer and the IEUA, seeking further particulars regarding whether the employee organisation’s views on the termination application had been sought.

1. In correspondence to my Chambers on 20 December 2017, Mr David Quinn, representative for the Employer, provided further submissions to the effect the employees had been extensively consulted on the termination of the Agreement. Mr Quinn further noted that no employees had sought to involve the IEUA in the consultation process, and that the termination application had been brought to the IEUA’s attention with no response yet received to oppose the application.

1. Mr Quinn advised that a guarantee has been provided to employees that the terms of the Agreement will continue to be applied after its termination, until the C&K Agreement covers the employees.

1. In correspondence to my Chambers on 20 December 2017, the IEUA advised that, notwithstanding the submissions by Mr Quinn, it had been involved in discussions with its members on matters relating to the termination of the Agreement. In particular, the IEUA submitted that its members had sought advice on the application of the C&K Agreement. The IEUA noted that the C&K Agreement contains wages and conditions similar to the Agreement to be terminated. The IEUA confirmed it does not oppose the termination of the Agreement.

1. I am satisfied that the requirements of s.223 for the termination of an enterprise agreement have been met.

1. The termination of the Agreement is approved with effect from today, 8 January 2018.

COMMISSIONER

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