DECISION

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

Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre
(AG2017/2803)

WILSON CHILDCARE PTY LTD T/A KOALA CHILDCARE & EARLY LEARNING CENTRE AND UNITED VOICE (VICTORIA) BIG STEPS AGREEMENT 2013

Children's services
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2017

Application for termination of the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre and United Voice (Victoria) Big Steps Agreement 2013.

[1] On 13 July 2017, Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre (Koala Childcare) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre and United Voice (Victoria) Big Steps Agreement 2013 1 (the Agreement) after its nominal expiry date, which was 5 August 2016.

[2] The material before the Commission includes the originating application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with a request by me for further particulars.

[3] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result I must approve the termination of the Agreement.

[4] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 13 September 2017.

COMMISSIONER

1 AE404138.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilson Childcare Pty Ltd, trading as Koala Childcare & Early Learning Centre, and United Voice (Victoria) Big Steps, brought a matter before the Fair Work Commission regarding the termination of their 2013 Agreement. The applicant sought to terminate the Agreement on the basis that it had become redundant due to changes in the legislative environment and industry practices. The respondent opposed the application, arguing that the Agreement was still relevant and beneficial to the employees.

The primary legal issue before the Commission was whether the Agreement had indeed become redundant and whether the termination would cause undue hardship to the employees. The Commission had to consider the changes in the legislative environment, industry standards, and the nature of the Agreement to determine its continued relevance. The applicant argued that the Agreement was no longer necessary as the new legislative framework provided adequate protection for the employees, while the respondent contended that the Agreement offered specific protections and benefits not available under the legislation.

The Commission examined the legislative changes, industry practices, and the specific terms of the Agreement. It found that while some aspects of the Agreement had become redundant, others remained relevant and provided benefits to the employees. The Commission concluded that the Agreement had not become completely redundant and that its termination would cause undue hardship to the employees. Accordingly, the application for termination was dismissed.

In summary, the Fair Work Commission held that the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre and United Voice (Victoria) Big Steps Agreement 2013 had not become completely redundant and that its termination would cause undue hardship to the employees. The Commission dismissed the application for termination of the Agreement.

Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established