Smiling Children Pty Ltd T/A Rose Garden Child Care and Kindergarten Yarrambat
[2016] FWCA 8252
•17 NOVEMBER 2016
| [2016] FWCA 8252 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Smiling Children Pty Ltd T/A Rose Garden Child Care and Kindergarten Yarrambat
(AG2016/6857)
Children’s services | |
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 17 NOVEMBER 2016 |
Application for termination of the Rose Garden Child Care and Kindergarten Agreement 2013.
[1] This decision follows an application made on 7 November 2016 by Smiling Children Pty Ltd trading as Rose Garden Child Care and Kindergarten Yarrambat (the applicant) under section 225 of the Fair Work Act 2009 (the Act) to terminate the Rose Garden Child Care and Kindergarten Agreement 2013, ABN 276 362 538 61 (Smiling Children Pty Ltd) (AE403723) (the agreement).
[2] The Agreement had a nominal expiry date of 30 June 2015.
[3] The Act provides :
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.
[4] The matter was listed for hearing. No party submitted contrary to the submissions of the applicant.
[5] I am satisfied that the relevant sections of the Act are met such that I must terminate the Agreement. The termination will take effect from the date of this Decision.
DEPUTY PRESIDENT
Hearing details:
2016
Melbourne
14 November
Final written submissions:
2016
11 November
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<Price code A, AE403709 PR587623 >
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