T & L Childcare Pty Ltd

[2016] FWCA 2035

[2016] FWCA 2035

DECISION

Fair Work Act 2009

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

T & L Childcare Pty Ltd T/A Donvale Childcare and Kinder

garten/Donvale Early Learning Centre

(AG2015/6336)

A.B.C LEARNING CENTRES AND LHMU ENTERPRISE

AGREEMENT 2009

Children's services

COMMISSIONER BOOTH BRISBANE, 31 MARCH 2016

Application for termination of the A.B.C Learning Centres and LHMU Enterprise Agreement

2009.

[1] An application has been made pursuant to s.222 of the Fair Work Act 2009 to

terminate the A.B.C Learning Centres and LHMU Enterprise Agreement 2009 (the

Agreement). The Agreement expired in 2012.

[2]        Mr Chan, on behalf of the Employer provided a statutory declaration on 29 November

2015. Correspondence was sent to Mr Chan enquiring as to the views of the employees and

employee organisations. Mr Chan confirmed by email that meetings were held to provide

information to the employees. It was advised that all employees supported the application and

understood that their terms and conditions of employment upon termination of the Agreement

will come under the Modern Award.

[3]        Mr Chan confirmed that copies of the Application were forwarded to the Independent

Education Union of Australia (IEU) and United Voice (UV) on 5 January 2016.

[4]        IEU raised a concern that the Agreement “covered a multitude of services throughout

Australia and that they need to canvass the views of all of their members employed in these

services” and that the Agreement has conditions “in exess of the modern award”. IEU had no

objection to the Donvale Childcare and Kindergarten/Donvale Early Learning Centre no

longer being a Respondent to the Agreement.

[5]        A conference was convened between the Applicant, IEU and UV on 28 January 2016

to discuss the issues. At the conference it was agreed that IEU and UV would canvas the

relevant members’ views and report back to Commissioner.
[2016] FWCA 2035

[6]        A further conference was convened on 30 March 2016 whereby IEU submitted that

majority of the centres were no longer covered by the Agreement and they had no members

that it pertains to. Therefore IEU had no objection to the Agreement being terminated. UV

confirmed the same.

[7]        In light of the views sought and information provided I am satisfied that the

requirements of s.223 for the termination of an enterprise agreement have been met.

[8]        The termination of the Agreement is approved with effect from 31 March 2016.

COMMISSIONER

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