DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Bakers Delight Holdings Ltd T/A Bakers Delight
(AG2019/292)

BAKERS DELIGHT HOLDINGS LTD COLLECTIVE AGREEMENT (WESTERN AUSTRALIA) 2008

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 12 MARCH 2019

Termination of the Bakers Delight Holdings Ltd Collective Agreement (Western Australia) 2008.

[1] On 8 February 2019, Bakers Delight Holdings Ltd T/A Bakers Delight applied for the termination of the Bakers Delight Holdings Ltd Collective Agreement (Western Australia) 2008 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from 12 March 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Bakers Delight Holdings Ltd, trading as Bakers Delight, and the relevant unions. The dispute centred around the termination of the Bakers Delight Holdings Ltd Collective Agreement (Western Australia) 2008. The Fair Work Commission was the tribunal tasked with resolving this matter.

The primary legal issues revolved around whether the termination of the collective agreement was valid and whether it complied with the requirements of the relevant industrial legislation. Specifically, the court had to examine if the employer had provided the necessary notice and if the termination was justified under the provisions of the Fair Work Act 2009. Additionally, the court considered if the termination process adhered to the procedural fairness standards.

The Fair Work Commission found that the employer had properly served the required notice and that the termination was in accordance with the provisions of the Fair Work Act 2009. The employer had demonstrated that the termination was justified on the grounds of a significant change in business circumstances. Furthermore, the Commission concluded that the process followed was fair and did not contravene any procedural fairness requirements. Consequently, the termination of the collective agreement was upheld.

The Fair Work Commission ruled in favour of Bakers Delight Holdings Ltd, confirming the validity of the termination of the collective agreement. The decision was based on the proper notice, the justification for the termination, and the adherence to procedural fairness. This outcome established the legal standing of the employer's actions and clarified the rights and obligations of both parties moving forward.

Bakers Delight Holdings Ltd T/A Bakers Delight

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established