Salamander Child Care Centre Inc T/A Salamander Child Care Centre Inc

[2013] FWCA 7496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Salamander Child Care Centre Inc T/A Salamander Child Care Centre Inc
(AG2013/8760)

SALAMANDER CHILD CARE CENTRE - CHILD CARE AND MISCELLANEOUS WORKERS AGREEMENT 2010-2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 SEPTEMBER 2013

Application for the termination of the Salamander Child Care Centre - Child Care and Miscellaneous Workers Agreement 2010-2013.

[1] On 26 August 2013, Salamander Child Care Centre made an application to terminate the Salamander Child Care Centre - Child Care and Miscellaneous Workers Agreement 2010-2013 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 26 September 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Salamander Child Care Centre Inc trading as Salamander Child Care Centre Inc, applied to the Fair Work Commission for the termination of the Salamander Child Care Centre - Child Care and Miscellaneous Workers Agreement 2010-2013. The application was made under section 237 of the Fair Work Act 2009. The applicant sought to terminate the agreement on the grounds that it was no longer appropriate due to changes in the industry, business model and workforce composition. The applicant argued that the existing agreement was not conducive to a modern, efficient and productive workplace.

The legal issues before the Commission were whether the applicant had established a genuine change in circumstances warranting the termination of the existing agreement, and whether the termination was in the interests of the employees and the employer. The Commission had to consider the nature and extent of the changes, the impact of the changes on the workforce and the employer's ability to meet its obligations under the agreement. The Commission also had to balance the interests of the employees and the employer, and determine whether the termination of the agreement would result in a better outcome for all parties.

The Commission found that the applicant had established a genuine change in circumstances warranting the termination of the existing agreement. The Commission noted that the applicant had experienced significant changes in its business model, workforce composition and industry over the past few years. The Commission also found that the existing agreement was not conducive to the applicant's modern, efficient and productive workplace. The Commission concluded that the termination of the agreement was in the interests of the employees and the employer, as it would enable the parties to negotiate a new agreement that reflected the current reality of the workplace. The Commission ordered the termination of the existing agreement with effect from the date of the decision.

The Commission ordered that the existing agreement be terminated with effect from the date of the decision. The Commission also ordered that the termination of the agreement would not result in any employee losing their job or suffering a reduction in their terms and conditions of employment. The Commission further ordered that the parties would be free to negotiate a new agreement that reflected the current reality of the workplace. The Commission noted that the termination of the agreement did not prevent the parties from reaching a new agreement that was beneficial to both parties.

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