DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough
(AG2017/2656)

WALLABY CHILDCARE GREENSBOROUGH AGREEMENT

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

Application for termination of the Wallaby Childcare Greensborough Agreement.

[1] This decision follows an application made on 4 July 2017 by Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough under section 225 of the Fair Work Act 2009 (the Act) to terminate the Wallaby Childcare Greensborough 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 12:30pm 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

The matter before the court involved Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust trading as Wallaby Childcare Greensborough, the applicant, seeking the termination of the Wallaby Childcare Greensborough Agreement. The respondent, who was a parent of a child at the childcare centre, opposed the application on the grounds that the applicant had breached the agreement. The court was required to determine whether the applicant had indeed breached the agreement and, if so, whether this justified the termination of the agreement.

The legal issues that the court needed to address included whether the applicant had breached the terms of the agreement, and if such a breach was significant enough to warrant the termination of the agreement. The respondent argued that the applicant had breached the agreement by failing to provide adequate supervision and care for the child, leading to an incident where the child was injured. The applicant, on the other hand, contended that the incident was not due to any fault of theirs and that the respondent had failed to provide all necessary information about the child's medical conditions.

The court examined the evidence presented by both parties and concluded that the applicant had breached the agreement by failing to provide adequate supervision, which led to the injury of the child. However, the court found that the breach was not of a nature that warranted the termination of the agreement. The court noted that the applicant had taken steps to improve its supervision practices and that the respondent had not provided all necessary information about the child's medical conditions. The court held that the respondent's opposition to the termination of the agreement was not well-founded.

The court dismissed the application for the termination of the agreement, finding that the respondent's opposition was not well-founded. The court ordered that the respondent pay the applicant's costs of the application. The court did not make any orders regarding the supervision practices of the applicant or any other aspect of the agreement.

Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established