Kate's Kindy Pty Ltd T/A Kate's Kindy

Case

[2010] FWA 2238

17 MARCH 2010

No judgment structure available for this case.

[2010] FWA 2238


FAIR WORK AUSTRALIA

DECISION

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

Kate's Kindy Pty Ltd T/A Kate's Kindy
(AG2010/6049)

COMMISSIONER MCKENNA

SYDNEY, 17 MARCH 2010

Application by Kate’s Kindy Pty Ltd T/A Kate’s Kindy.

[1] On 19 February 2010, Kate’s Kindy Pty Ltd t/as Kate’s Kindy filed an application pursuant to s.225 of the Fair Work Act 2009, seeking the termination of an enterprise agreement titled the Kate’s Kindy Enterprise Agreement 2007-2010 (“the agreement”). The termination was sought on the basis the agreement had passed its nominal expiry date.

[2] However, cl.4.2(b) of the agreement specifies a nominal expiry date of 30 June 2010. In those circumstances, the applicant’s representative today sought to withdraw the application for termination; she submitted the agreement will remain in place in accordance with the provisions concerning its nominal term.

[3] The proceedings are concluded accordingly.

COMMISSIONER

Appearances:

K. McBurney for Kate’s Kindy Pty Ltd T/A Kate’s Kindy.

Hearing details:

Sydney

2010

March 10, 17.




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