Application by Vickers
[2017] FWCFB 5817
•6 NOVEMBER 2017
| [2017] FWCFB 5817 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
(AG2016/3797)
VICE PRESIDENT HATCHER | SYDNEY, 6 NOVEMBER 2017 |
Application for termination of the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011.
[1] On 5 July 2016 Ms Penelope Vickers, an employee of Coles Supermarkets Australia Pty Ltd (Coles), made an application under s.225 of the Fair Work Act 2009 (FW Act) for the termination of the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011 pursuant to s.226 of the FW Act. On 12 May 2017, on application by Ms Vickers, the termination application was referred to this Full Bench for hearing. 1 The termination application was opposed by Coles and by three unions covered by the Agreement, the Shop, Distributive and Allied Employees Association (SDA), the Australian Workers’ Union (AWU) and the Australasian Meat Industry Employees Union (AMIEU).
[2] The matter has been the subject of a number of hearings and decisions which have dealt with a range of interlocutory issues. The most recent of these decisions was issued on 24 October 2017. 2 The application was listed for final hearing in Brisbane in the weeks commencing 20 November and 4 December 2017. Pursuant to the Commission’s directions the applicant was required to file the entirety of her evidentiary case-in-chief by 5 October 2017 and the respondents by 19 October 2017. With the exception of an expert report in reply which Ms Vickers was permitted to file by 6 November 2017, the parties have filed submissions, witness statements and other evidentiary material pursuant to the directions of the Commission.
[3] On 6 November 2017 the Commission received an email from Ms Vickers stating that she wished to discontinue the termination application. Attached to the email was a Form F50 Notice of Discontinuance stating that Ms Vickers wholly discontinued the matter as part of a settlement agreement. Accordingly the matter will be treated as discontinued. By consent, there will be no order as to costs. The hearing dates listed for the weeks commencing 20 November and 4 December 2017 are vacated. Subject to the finalisation of some residual issues concerning the confidentiality of documents, about which there is consent amongst all the parties, the matter has therefore terminated.
VICE PRESIDENT
Appearances:
P. Vickers on her own behalf.
S. Wood QC and M. Felman of Counsel with G. Simmonds, D. Brewster and S.Newton on behalf of Coles Supermarkets Australia Pty Ltd.
W. Friend QC with S. Burnley on behalf of the Shop, Distributive and Allied Employees Association.
J. Harding and T. McKernan on behalf of the Australian Workers’ Union
K. Rogers on behalf of the Australasian Meat Industry Employees Union.
J. Cullinan on behalf of Mr William Smith.
Hearing details:
2017.
Sydney:
6 November.
1 [2017] FWC 2609
2 [2017] FWCFB 5279
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