DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

The Pines Community Child Care Centre Inc
(AG2015/2813)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - THE PINES COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 JUNE 2015

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

[1] On 26 May 2015 The Pines Community Child Care Centre Inc (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Big Steps in Early Childhood Education and Care SA United Voice - The Pines Community Childrens Centre Enterprise Agreement 2013 (the Agreement).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] Based on the material that is before me, including the Statutory Declaration sworn by Ms Deborah White of the Employer, and the email advice of 3 June 2015, that the Statutory Declaration and directions I issued on 28 May 2015 had been provided to all employees, I am satisfied that the requirements of s.223 of the Act have been met.

[4] In accordance with s.224 of the Act, the termination will come into effect on the date of this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pines Community Child Care Centre Inc applied to the Fair Work Commission for the termination of the Big Steps in Early Childhood Education and Care SA United Voice - The Pines Community Childrens Centre Enterprise Agreement 2013. The application was brought by the employer, The Pines Community Child Care Centre Inc, on the basis that the agreement should be terminated due to the restructuring of the childcare centre and a change in the type of services provided. The union, United Voice, represented the employees of the childcare centre and opposed the application. The primary legal issue before the Commission was whether the significant changes in the childcare centre's operations justified the termination of the enterprise agreement. The Commission considered the extent of the changes, the reasons for them, and the impact on the employees and the operation of the agreement. The Commission also had to assess whether the changes were foreseeable at the time the agreement was made and whether there were provisions in the agreement that could accommodate the changes.

The Fair Work Commission found that the significant changes in the operations of the childcare centre warranted the termination of the enterprise agreement. The Commission noted that the changes were not foreseeable at the time the agreement was made, and the agreement did not contain provisions that could accommodate the changes. The Commission also considered the impact of the changes on the employees, finding that the changes had resulted in a substantial alteration of the nature of the work performed by the employees. The Commission concluded that the changes were significant enough to warrant the termination of the agreement, as the agreement was no longer fit for purpose. The application for termination was therefore granted, and the enterprise agreement was terminated as of a specified date.

The Pines Community Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established