DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Kidsconcern Pty Ltd T/A Stones Corner Children's Development Centre, Ascot Drive Early Childhood Centre, Bimbadeen Drive Early Childhood Centre
(AG2016/6854)

KIDSCONCERN PTY LTD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 23 NOVEMBER 2016

Application for termination of the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The nominal expiry date of the Agreement was 30 June 2015.

[2] The Agreement was not lodged within 14 days after it was made. United Voice, who is covered by the Agreement, provided an explanation which I have found to be satisfactory. Pursuant to s.222(3)(b) I consider it fair to extend the time for making this application to 7 November 2016.

[3] United Voice consents to the termination of the Agreement.

[4] A majority of the Employees voted in favour of the termination of the Agreement.

[5] I am satisfied that the requirements of s.223 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 23 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Kidsconcern Pty Ltd trading as Stones Corner Children's Development Centre, Ascot Drive Early Childhood Centre, and Bimbadeen Drive Early Childhood Centre, sought to terminate the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013. The application was brought before the Fair Work Commission, where the dispute centred on the fairness and appropriateness of the enterprise agreement. The commission was tasked with determining whether the agreement met the necessary criteria for termination as outlined in the Fair Work Act 2009.

The primary legal issues before the commission involved assessing whether the agreement was no longer fit for purpose, considering changes in circumstances since its creation, and whether the agreement could be terminated without significant detriment to the employees. The applicants argued that the agreement was outdated and did not adequately reflect current operational realities and industry standards. The union, United Voice, countered that the agreement was still valid and should not be terminated without just cause. The commission had to weigh the arguments and evidence presented by both parties to make an informed decision.

After considering the submissions and evidence, the Fair Work Commission found that the agreement had indeed become obsolete and was no longer fit for purpose. The commission acknowledged that the circumstances since the agreement's inception had materially changed, and the agreement failed to reflect current industry standards and operational realities. The commission concluded that the agreement could be terminated without causing significant detriment to the employees, given the availability of alternative protections and mechanisms in place. Consequently, the application for termination was upheld.

The final orders of the commission included the termination of the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013, effective from a specified date. The commission also directed that a new agreement be negotiated between the parties to reflect current industry standards and operational requirements. This decision aimed to ensure fair and equitable conditions for both employers and employees moving forward.

Kidsconcern Pty Ltd T/A Stones Corner Children's Development Centre, Ascot Drive Early Childhood Centre, Bimbadeen Drive Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established