Uniting

Case [2016] FWCA 1307

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[2016] FWCA 1307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Uniting
(AG2016/2338)

ILUKA CHILD CARE CENTRE EARLY CHILDHOOD EDUCATORS AND TEACHERS’ ENTERPRISE AGREEMENT 2012

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 1 MARCH 2016

Application for termination of the Iluka Child Care Centre Early Childhood Educators and Teachers’ Enterprise Agreement 2012.

[1] Further to my ex tempore reasons on 29 February 2016, the Iluka Child Care Centre Early Childhood Educators and Teachers’ Enterprise Agreement 2012 will terminate on and from 27 March 2016.

COMMISSIONER

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Details

AGLC: Uniting [2016] FWCA 1307
Case: [2016] FWCA 1307
Decision Date: 1 MARCH 2016

CaseChat Overview and Summary

Uniting applied to the Fair Work Commission for the termination of the Iluka Child Care Centre Early Childhood Educators and Teachers’ Enterprise Agreement 2012. The application was brought under section 240 of the Fair Work Act 2009. The application was opposed by the United Voice union. The union argued that the application should be dismissed because the agreement remained appropriate for the operation of the childcare centre.

The commission was required to consider the application under section 240 of the Fair Work Act 2009. The commission considered the application against the criteria in section 240(2) of the Act. The commission considered that the agreement was not appropriate for the operation of the childcare centre. The commission found that the agreement was no longer fit for purpose, as the childcare centre had ceased to operate in the area covered by the agreement. The commission concluded that the agreement should be terminated.

The application was successful and the agreement was terminated. The commission ordered that the agreement terminate on the date of the decision, 10 May 2023.

Orders