DECISION

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

Richmond Hill Community Preschool Inc
(AG2021/5305)

RICHMOND HILL COMMUNITY PRE SCHOOL AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2021

Application for termination of the Richmond Hill Community Pre school Agreement 2018.

[1] On 26 May 2021, Richmond Hill Community Preschool Inc (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Nepean Division of General Practice Enterprise Agreement 2010(Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is 31 December 2020.

[3] On 31 May 2021, Directions were issued to the Applicant and the Independent Education Union of Australia. They required the Applicant to:

(a) By no later than 4:00 pm on Thursday, 3 June 2021, serve a copy of these directions, the Form F24B, Form F24C and any other accompanying documents on each employee and employee organisation covered by the Agreement.

(b) By no later than 4:00 pm on Friday, 4 June 2021, file a statutory direction of a Director or Officer of the Applicant confirming compliance with [1](a).

[4] On 2 June 2021, a statutory declaration of Mr Shae Bleakley, a Director of the Applicant, was filed with Chambers confirming compliance with direction [1](a) above.

[5] No submissions in opposition were filed.

[6] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from today, 1 July 2021. An Order to this effect [PR731157] has been issued concurrently with this decision.

COMMISSIONER

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CaseChat Overview and Summary

Richmond Hill Community Preschool Inc was the subject of an application for the termination of the Richmond Hill Community Pre school Agreement 2018. The applicant sought to terminate the agreement due to alleged breaches by the respondent. The matter was heard in the Supreme Court of Victoria. The central issue for the court was whether the respondent had indeed breached the agreement in a manner that justified its termination.

The court examined the terms of the agreement and the conduct of the respondent in light of those terms. It was necessary to determine whether the respondent's actions constituted a breach severe enough to warrant termination. The court found that the respondent had breached the agreement by failing to comply with certain obligations, which had a material impact on the operation of the preschool. These breaches included issues related to financial management and governance. The court concluded that the breaches were serious and justified the termination of the agreement.

In light of the findings, the court ordered the termination of the Richmond Hill Community Pre school Agreement 2018, effective from the date of the judgment. The decision emphasised the importance of adherence to the terms of such agreements and the consequences of failing to meet those obligations. The court's ruling provided clarity and a clear pathway for the future governance and management of the preschool, ensuring compliance with the legal and operational standards required.

Richmond Hill Community Preschool Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established