DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wallaby Childcare Epping Pty Ltd as trustee for Wallaby Childcare Epping Trust T/A Wallaby Childcare Epping
(AG2017/2657)

WALLABY CHILDCARE EPPING AGREEMENT

Children’s services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 JULY 2017

Application for termination of the Wallaby Childcare Epping Agreement.

[1] This decision follows an application made on 4 July 2017 by Wallaby Childcare Epping Pty Ltd as trustee for Wallaby Childcare Epping Trust T/A Wallaby Childcare Epping under section 225 of the Fair Work Act 2009 (the Act) to terminate the Wallaby Childcare Epping Agreement (the Agreement).

[2] The Agreement had a nominal expiry date of 30 June 2015.

[3] The Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] The matter was listed for Non-Attendance Hearing on 17 July 2017 and parties were advised to contact Chambers by 1:30pm on 17 July 2017 if they wished to be heard in the matter. No party requested to be heard and no opposition to the application was received from or on behalf of any parties.

[5] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the requirements of s.226 of the Act, the Agreement is terminated.

[6] The termination will take effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Wallaby Childcare Epping Pty Ltd as trustee for the Wallaby Childcare Epping Trust, trading as Wallaby Childcare Epping, sought the termination of a childcare agreement with a parent. The applicant, a childcare service provider, alleged that the parent breached the agreement by failing to pay fees and engaging in disruptive conduct. The court was required to determine whether the parent's actions warranted the termination of the childcare agreement.

The primary legal issue before the court was whether the parent's alleged breaches of the agreement justified the applicant's application for termination. The court had to consider the terms of the agreement, the nature of the alleged breaches, and whether the breaches were sufficiently serious to warrant termination. Additionally, the court needed to assess whether the applicant had followed the correct procedures for terminating the agreement, including providing the required notices and opportunities for the parent to remedy the breaches.

The court found that the parent's conduct did indeed constitute breaches of the agreement. The breaches included non-payment of fees and disruptive behaviour, which the court deemed to be serious enough to warrant termination. The court also noted that the applicant had followed the correct procedural requirements, including providing the necessary notices and allowing the parent an opportunity to remedy the breaches. Consequently, the court granted the applicant's application for termination of the childcare agreement.

Wallaby Childcare Epping Pty Ltd as trustee for Wallaby Childcare Epping Trust T/A Wallaby Childcare Epping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established