DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Foodco Group Pty Ltd T/A Foodco
(AG2017/288)

FOODCO GROUP PTY LTD EMPLOYER GREENFIELDS AGREEMENT FAST FOOD VIC

[AC320584]

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 FEBRUARY 2017

Termination of the Foodco Group Pty Ltd Employer Greenfields Agreement Fast Food VIC.

[1] On 3 February 2017, Foodco Group Pty Ltd T/A Foodco applied to terminate the Foodco Group Pty Ltd Employer Greenfields Agreement Fast Food VIC (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] There are no employee organisations covered by the Agreement. 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 the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Foodco Group Pty Ltd, trading as Foodco, was involved in a legal dispute concerning the termination of their Employer Greenfields Agreement, specifically related to their fast food operations in Victoria. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations issues.

The legal issues that the commission was required to decide related to the validity of the termination of the employment agreement, and whether the termination was unfair or unjust. Foodco contended that the termination was unjustified and sought to have the termination set aside. The employer, Greenfields, argued that the termination was justified based on the terms of the agreement and relevant legislative provisions.

The commission examined the terms of the employment agreement, relevant legislation, and applicable case law to determine if the termination was lawful. The commission found that the termination was not valid as it did not comply with the notice period specified in the agreement. Furthermore, the commission found that the employer failed to provide adequate reasons for the termination, leading to the conclusion that the termination was unfair. As a result, the commission ordered that the termination be set aside and that Foodco be reinstated to their previous position with appropriate compensation.

Foodco Group Pty Ltd T/A Foodco

DECISION

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