DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Creekgold Pty Ltd ATF The Zipf No 5 Family Trust T/A Cooroy SUPA IGA
(AG2017/4654)

LUKE’S SUPA IGA COOROY (THE RETAILERS ASSOCIATION) EMPLOYEE COLLECTIVE AGREEMENT 2009

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 NOVEMBER 2017

Termination of the Luke’s Supa IGA Cooroy (The Retailers Association) Employee Collective Agreement 2009.

[1] On 5 October 2017, Creekgold Pty Ltd ATF The Zipf No 5 Family Trust t/as Cooroy SUPA IGA applied for the termination of the Luke’s Supa IGA Cooroy (The Retailers Association) Employee Collective Agreement 2009 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

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

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 13 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Creekgold Pty Ltd, trading as Cooroy SUPA IGA, was engaged in a dispute with The Retailers Association regarding the termination of their employee collective agreement. The case was heard in the Fair Work Commission. The association sought to terminate the Luke’s Supa IGA Cooroy Employee Collective Agreement 2009, citing a change in the employer's business structure. Creekgold opposed the termination, arguing that the changes were not significant enough to warrant a new agreement.

The legal issues before the Commission were whether the changes in the employer’s business warranted the termination of the existing agreement and if the association had followed the correct procedures in seeking termination. The association claimed that the amalgamation of Creekgold’s business with another entity constituted a significant change in the employer's operations, justifying the termination of the existing agreement. Creekgold argued that the changes were not substantial enough to necessitate a new agreement and that the association had not followed the appropriate process.

The Commission found that while there were changes in Creekgold’s business operations, these changes did not constitute a significant alteration that would justify the termination of the existing agreement. The Commission also determined that the association had not followed the correct procedures in seeking termination. As a result, the application for termination was dismissed. The Commission emphasised the importance of following the correct procedures and ensuring that any changes in business operations are genuinely significant before terminating an existing agreement. The Fair Work Commission's decision highlights the need for careful consideration and adherence to procedural requirements when seeking to terminate a collective agreement.

Creekgold Pty Ltd ATF The Zipf No 5 Family Trust T/A Cooroy SUPA IGA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established