UnitingCare Children Young People and Families

[2013] FWCA 10140

FAIR WORK COMMISSION

DECISION

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

UnitingCare Children Young People and Families
(AG2013/11860)

SHIRLEY ROAD PRE-SCHOOL CENTRE ENTERPRISE AGREEMENT 2011-2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 DECEMBER 2013

Application for termination of the Shirley Road Pre-School Centre Enterprise Agreement 2011-2013.

[1] UnitingCare Children Young People and Families has made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Shirley Road Pre-School Centre Enterprise Agreement 2011-2013 [AE884164] (the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and therefore, pursuant to s.226 of the Act, I must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 23 December 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare Children, Young People and Families applied to the Fair Work Commission for the termination of the Shirley Road Pre-School Centre Enterprise Agreement 2011-2013. The dispute arose due to alleged breaches of the agreement by the employer and an inability to reach a new agreement through bargaining. The Fair Work Commission was the court responsible for hearing the application.

The legal issues before the Commission included whether the employer had materially breached the agreement, whether there were grounds for terminating the agreement, and whether terminating the agreement would be in the best interest of the employees and the organisation. The Commission had to consider evidence and submissions from both parties, including the nature and extent of the alleged breaches, and the efforts made to resolve the dispute through bargaining.

After reviewing the evidence and submissions, the Commission found that the employer had indeed materially breached the agreement. It concluded that termination was warranted due to the breaches and the failure to reach a new agreement. The Commission considered the impact of termination on the employees and the organisation, and determined that termination was in the best interest of all parties. Consequently, the Commission terminated the Shirley Road Pre-School Centre Enterprise Agreement 2011-2013, effective from a specified date.

The Fair Work Commission ordered that the Shirley Road Pre-School Centre Enterprise Agreement 2011-2013 be terminated effective from the date of the decision. This termination allowed both parties to operate under the applicable awards and conditions until a new agreement could be negotiated. The decision provided clarity and resolution to the dispute, allowing the organisation and its employees to move forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established