Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre

[2017] FWC 3732

[2017] FWC 3732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre
(AG2017/2659)

WALLABY CHILDCARE LAURIMAR AGREEMENT

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

Application for termination of the Wallaby Childcare Laurimar Agreement.

[1] This decision follows an application made on 4 July 2017 by Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre under section 225 of the Fair Work Act 2009 (the Act) to terminate the Wallaby Childcare Laurimar 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;

(c) an employee organisation 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 2:00pm 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

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