DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bakers Delight Holdings Ltd T/A Bakers Delight
(AG2018/5219)

A & A DEARDEN PTY LTD ENTERPRISE AGREEMENT 2009

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 OCTOBER 2018

Termination of the A & A Dearden Pty Ltd Enterprise Agreement 2009.

[1] On 17 September 2018, Bakers Delight Holdings Ltd T/A Bakers Delight applied for the termination of the A & A Dearden Pty Ltd Enterprise Agreement 2009 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bakers Delight Holdings Ltd, trading as Bakers Delight, was in dispute with A & A Dearden Pty Ltd over the termination of the Enterprise Agreement 2009. The enterprise agreement had been in place between Bakers Delight and A & A Dearden Pty Ltd, which represented the employees. The dispute centred around whether the agreement could be terminated under specific provisions and the implications of such a termination on the employees.

The legal issues before the court involved the interpretation of the termination clause within the enterprise agreement and whether the conditions for termination were met. The key issue was whether the company had validly exercised its right to terminate the agreement as per the terms outlined, and if so, whether the termination was lawful and complied with the relevant industrial relations legislation.

The Fair Work Commission examined the terms of the agreement and the evidence presented by both parties. The Commission found that the company had indeed met the conditions for termination as stipulated in the agreement. The Commission concluded that the termination was valid and in accordance with the agreement's provisions. The Commission's decision was based on a detailed analysis of the language used in the agreement and the procedural steps taken by the company in initiating the termination.

As a result of the Commission's decision, the enterprise agreement was officially terminated. The termination took effect from the specified date, and the employees would then be governed by the applicable award or registered agreement, or any applicable terms and conditions determined by the Fair Work Commission. The decision highlighted the importance of clear and precise language in enterprise agreements to avoid disputes and ensure that all parties understand their rights and obligations.

Bakers Delight Holdings Ltd T/A Bakers Delight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established