Port Kids Inc T/A Port Douglas Community Kindergarten

[2019] FWCA 1296

[2019] FWCA 1296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Port Kids Inc T/A Port Douglas Community Kindergarten
(AG2019/361)

PORT DOUGLAS COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER BOOTH	BRISBANE, 5 MARCH 2019

Application for termination of the Port Douglas Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Port Douglas Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (the Agreement). The nominal expiry date of the Agreement was 31 December 2017.

[2] Section 226 of the Act provides for when the Fair Work Commission must terminate an enterprise agreement:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[3] The Independent Education Union of Australia (IEU) are a party to the Agreement. The IEU was invited to provide any views on the termination of the Agreement by email on 18 February 2019.

[4] The IEU submitted that it did not oppose the termination of the Agreement on the basis that the Port Douglas Community Kindergarten would become a branch of the Crèche & Kindergarten Association and that its employees would either be covered by the existing Agreement or the Crèche & Kindergarten Early Childhood Education Enterprise Agreement.

[5] The Employer provided material to the Commission to demonstrate that the views of the employees were sought.

[6] I have considered the views of the employees, employer and the employee organisation and I have considered the likely effect that the termination will have on each of them.

[7] In all the circumstances I consider that it is not contrary to public interest to do so.

[8] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[9] The termination of the Agreement is approved with effect from 5 March 2019.

COMMISSIONER

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