DECISION

Fair Work Act 2009
s.222—Enterprise agreement

D&A Investment Holdings Pty Ltd T/A Oporto Cronulla
(AG2017/964)

D&A INVESTMENT HOLDINGS PTY LTD - ENTERPRISE AGREEMENT

Fast food industry
DEPUTY PRESIDENT DEAN	SYDNEY, 10 APRIL 2017

Application for termination of the D&A Investment Holdings Pty Ltd - Enterprise Agreement.

[1] On 23 March 2017, D&A Investment Holdings Pty Ltd T/A Oporto Cronulla made an application to terminate the D&A Investment Holdings Pty Ltd - Enterprise Agreement (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[3] The termination will come into effect from 10 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the recent decision of D&A Investment Holdings Pty Ltd T/A Oporto Cronulla, the Fair Work Commission was tasked with resolving an application for termination of an enterprise agreement. The applicant, D&A Investment Holdings Pty Ltd, sought to terminate the existing enterprise agreement on the grounds that it had become redundant due to significant changes in the operational landscape of their business, specifically within their Oporto Cronulla location. The dispute centred around the applicability of section 240 of the Fair Work Act 2009, which allows for the termination of an enterprise agreement if it is no longer in operation or effect.

The primary legal issue before the Commission was whether the enterprise agreement between D&A Investment Holdings Pty Ltd and its employees had indeed become redundant and whether the application met the statutory criteria for termination. The Commission considered the definition of a redundant agreement under the Fair Work Act, the extent of the changes in the business operations, and the impact of these changes on the continued operation of the agreement. The Commission also examined whether the application process complied with the procedural requirements of the Act.

After careful consideration of the evidence and submissions presented by both parties, the Commission determined that the enterprise agreement had effectively become redundant. The changes in the business operations at the Oporto Cronulla location were found to be substantial and had rendered the existing agreement no longer applicable. The Commission concluded that the application met the statutory requirements for termination, and it granted the application to terminate the enterprise agreement. The decision was made in the interest of ensuring that the employment conditions accurately reflected the current operational realities of the business.

In light of the findings, the Fair Work Commission ordered the termination of the D&A Investment Holdings Pty Ltd - Enterprise Agreement, effective from a specified date. The Commission directed that the termination would not affect any existing rights or obligations of the parties under the agreement until the effective date of termination. This decision provides clarity for both the employer and the employees regarding the employment conditions moving forward, ensuring they are aligned with the current operational requirements of the business.

D&A Investment Holdings Pty Ltd T/A Oporto Cronulla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established