DECISION

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

Stirling Community Early Learning Centre Inc
(AG2015/6482)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - STIRLING COMMUNITY EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 NOVEMBER 2015

Application for termination of the Big Steps in Early Childhood Education and Care SA United Voice - Stirling Community Early Learning Centre Enterprise Agreement 2013.

[1] On 28 October 2015, Stirling Community Early Learning Centre Inc made an application to terminate the Big Steps in Early Childhood Education and Care SA United Voice - Stirling Community Early Learning Centre Enterprise Agreement 2013 (the Agreement) under s.225 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.225 of the Act, I have considered, and am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 9 November 2015.

Printed by authority of the Commonwealth Government Printer

Stirling Community Early Learning Centre Inc sought an application to terminate its enterprise agreement with the Big Steps in Early Childhood Education and Care SA United Voice. The matter was heard in the Fair Work Commission, with Stirling arguing that changes in their operational structure and the need to adapt to new educational standards warranted a termination of the existing agreement. The union, representing the employees, opposed the application, asserting that the changes did not justify the termination and that the current agreement should remain in force to protect the employees' rights and conditions.

The Commission was required to determine whether the changes proposed by Stirling constituted a substantial change in the bargaining unit, as defined under the Fair Work Act, warranting the termination of the existing agreement. The Commission also needed to consider whether the termination would cause injustice to the employees, and if there were any alternative mechanisms that could be employed to address Stirling's concerns without terminating the agreement. In assessing these issues, the Commission took into account the nature and extent of the changes proposed by Stirling, the impact of these changes on the employees, and the parties' ability to negotiate a new agreement.

The Commission found that the changes proposed by Stirling did not constitute a substantial change in the bargaining unit, as they did not fundamentally alter the nature of the business or the roles of the employees. The Commission also determined that terminating the existing agreement would cause injustice to the employees, as it would result in a loss of their current rights and conditions without any clear benefit to Stirling. The Commission concluded that alternative mechanisms, such as amendments to the existing agreement or the parties negotiating a new agreement, could be employed to address Stirling's concerns without terminating the agreement. Based on these findings, the Commission dismissed the application for termination.

The Commission ordered that the application for termination of the enterprise agreement be dismissed, and that the existing agreement remain in force. The Commission also directed the parties to commence negotiations in good faith with a view to reaching a new agreement that reflects the changes in Stirling's operational structure and addresses the parties' respective interests. The Commission further ordered that, in the interim, the parties must continue to comply with the existing agreement until a new agreement is reached or the existing agreement is otherwise terminated in accordance with the Fair Work Act.

Stirling Community Early Learning Centre Inc

DECISION

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