Parap Family Centre Incorporated T/A Parap Family Centre

[2021] FWCA 6735

[2021] FWCA 6735

FAIR WORK COMMISSION

DECISION

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

Parap Family Centre Incorporated T/A Parap Family Centre
(AG2021/7983)

PARAP FAMILY CENTRE ENTERPRISE AGREEMENT 2013-16

Children's services
COMMISSIONER RIORDAN	SYDNEY, 1 DECEMBER 2021

Application for termination of the Parap Family Centre Enterprise Agreement 2013-16.

[1] On 21 October 2021, Parap Family Centre Incorporated T/A Parap Family Centre (the Employer) made an application under s.225 of the Fair Work Act 2009 (the Act) to terminate the Parap Family Centre Enterprise Agreement 2013-16 (the Agreement). The Agreement has passed its nominal expiry date.

[2] The application was supported by a statutory declaration by Ms Evelyn Faalong, Centre Director for the Employer. Ms Faalong provided that the Agreement was initially developed to allow staff and the service to take advantage of the possibility of wage increases arising out of the 2013 Federal Election, however, those wage increases did not come to pass. Ms Faalong stated that since that time, the relevant modern award has implemented a number of provisions which are not provided for in the Agreement.

[3] Ms Faalong stated that termination of the Agreement would provide the employees with terms and conditions that reflect the minimum modern award entitlements, as well as the freedom to bargain rates of pay reflective of each employees’ longevity of service and value to the organisation. Ms Faalong stated that all employees currently covered by the Agreement were consulted about the Employer’s intention to seek termination of the Agreement, and she attached an explanatory note with all employees’ signatures confirming their understanding and agreement for the Employer to make the application for termination.

[4] Ms Faalong declared that termination of the Agreement would not be contrary to the public interest, and there would be no detrimental effect on the Employer or its employees as the provisions of the Agreement are less generous than under the relevant modern award.

[5] On 22 October 2021, my Chambers served a copy of the application on the United Workers’ Union (the UWU). This correspondence noted that the matter was listed for a telephone conference on 1 November 2021 and sought a written response from the UWU whether it objected to the application for termination of the Agreement. Follow up correspondence was sent to the Union on 28 October 2021, seeking its response to the application.

[6] On 29 October 2021, the UWU wrote to my Chambers advising that it did not seek to make any comment on the application.

[7] At the telephone conference of 1 November 2021, the Employer was directed to seek a statutory declaration of an employee, confirming that employees attended a meeting a voted to cancel the Agreement.

[8] On 16 November 2021, the Employer filed a statutory declaration by Ms Evelyn Faalong. However, noting that Ms Faalong had filed the originating application and statutory declaration, I sought a further statutory declaration by another employee of the Company.

[9] On 29 November 2021, the Employer filed a further statutory declaration by Ms Lidiane Duarte Rodrigues, Group Leader. Ms Rodrigues declared that on 21 September 2021, a meeting was held at the Parap Family Centre with all staff employed at the time in attendance, including herself. Ms Rodrigues declared that the Agreement and its benefits and drawbacks were discussed, and all staff were asked whether they understood what terminating the Agreement would mean. Ms Rodrigues declared that all staff confirmed that they understood, did not have any questions, and cast a unanimous vote to terminate the Agreement.

[10] The Employer advised in its filing correspondence that there are 15 employees at the company.

[11] Pursuant to s.225 of the Act and having considered and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[12] The termination will come into effect from 6 December 2021.

COMMISSIONER

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