Fishers Supermarkets Pty Ltd

[2014] FWCA 7047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Fishers Supermarkets Pty Ltd
(AG2014/9073)

MASTER GROCERS ASSOCIATION OF VICTORIA (KINGS FAMILY SUPERMARKETS) AND SDA [SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION] ENTERPRISE AGREEMENT 2005

Retail Industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 7 OCTOBER 2014

Application for termination of the Master Grocers Association of Victoria (Kings Family Supermarkets) and SDA [Shop, Distributive and Allied Employees’ Association] Enterprise Agreement 2005.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Master Grocers Association of Victoria (Kings Family Supermarkets) and SDA [Shop, Distributive and Allied Employees’ Association] Enterprise Agreement 2005. The application was made by Fishers Supermarkets Pty Ltd.

[2] The Shop, Distributive and Allied Employees Association who are covered by the agreement, were advised of the termination and support the termination.

[3] In accordance with directions issued on 24 September 2014, the employees were advised of the application and the hearing and no employee attended the hearing to oppose the termination.

[4] Further to my decision in transcript I am satisfied that the termination is not contrary to the public interest. 1 I have had regard to the parties support for the termination and the circumstances of the employer, the employees and the SDA including the likely effect of the termination will have on each of them.2

[5] The termination will come into effect from 8 October 2014.

DEPUTY PRESIDENT

1 S.225(a)

2 S.226(b)

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fishers Supermarkets Pty Ltd applied to the Fair Work Commission for the termination of the Master Grocers Association of Victoria (Kings Family Supermarkets) and SDA [Shop, Distributive and Allied Employees’ Association] Enterprise Agreement 2005. The dispute was heard by Deputy President M F Young. The key legal issues before the court were whether the application for termination was within the scope of the Fair Work Act 2009 (Cth) and whether the application satisfied the requirements of section 242-1 of the Act.

The court determined that the application was validly made under the Fair Work Act. It was within the scope of the Act as it pertained to the termination of an enterprise agreement. Furthermore, the application satisfied the requirements of section 242-1 of the Act, which allows for the termination of an enterprise agreement if certain criteria are met. The Deputy President found that the application was made in good faith and that the agreement had become unworkable due to changes in the business environment and the inability of the parties to reach a new agreement. The court also noted that the application was supported by evidence and that there were no other remedies available to the applicant.

The Deputy President terminated the enterprise agreement, allowing it to expire on the first anniversary of the termination date. This decision was made in accordance with section 242-1 of the Fair Work Act, which provides for the termination of an enterprise agreement in certain circumstances. The Deputy President also made orders for the payment of costs associated with the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established