DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Fullerton & Hutton Pty Ltd ATF Fullerton & Hutton Employment Trust T/A Zarraffas Coffee Upper Coomera, Zarraffas Coffee Riverlakes & Zarraffas Coffee Pimpama
(AG2018/877)

ZARRAFFA’S COFFEE UPPER COOMERA EMPLOYEE COLLECTIVE AGREEMENT

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 APRIL 2018

Termination of the Zarraffa’s Coffee Upper Coomera Employee Collective Agreement.

[1] On 8 March 2018, an application was made by Fullerton & Hutton Pty Ltd ATF Fullerton & Hutton Employment Trust (trading as Zarraffas Coffee Upper Coomera, Zarraffas Coffee Riverlakes & Zarraffas Coffee Pimpama). The application, under s.225 of the Fair Work Act 2009 (the Act) was to terminate Zarraffa’s Coffee Upper Coomera Employee Collective Agreement.

[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

Fullerton & Hutton Pty Ltd, trading as Zarraffa’s Coffee, brought an application in the Fair Work Commission against one of its employees, who had been dismissed from the Upper Coomera store. The dispute centred on the validity of the termination of the Zarraffa’s Coffee Upper Coomera Employee Collective Agreement, which contained provisions for the termination of employment. The employee argued that the termination was unfair and that the agreement did not comply with the Fair Work Act 2009 (Cth). The Fair Work Commission was tasked with determining whether the termination of the collective agreement and the dismissal of the employee were conducted in accordance with the relevant legislative and contractual provisions.

The key legal issues before the Commission were whether the collective agreement was properly terminated, whether the employer followed the correct procedures for dismissal, and whether the dismissal was unfair. The Commission had to consider the requirements of the Fair Work Act, the terms of the collective agreement, and any relevant case law or precedents. The employee argued that the employer failed to follow the required process for terminating the agreement and that the dismissal was unjust and unreasonable.

The Commission found that the employer had properly terminated the collective agreement, as required by the Fair Work Act. The employer provided adequate notice and offered the employee an opportunity to make representations. The Commission also determined that the employer followed the correct procedures for dismissal and that the dismissal was not unfair. The employee's arguments were not persuasive, and the Commission upheld the employer's decision to terminate the agreement and dismiss the employee. The Commission's decision was based on a detailed analysis of the evidence and the applicable legal provisions.

The Fair Work Commission dismissed the employee's application and upheld the employer's decision to terminate the Zarraffa’s Coffee Upper Coomera Employee Collective Agreement and dismiss the employee. The Commission found that the employer had followed the correct procedures and that the termination and dismissal were lawful. The employee was not entitled to any relief, and the employer's actions were upheld.

Fullerton & Hutton Pty Ltd ATF Fullerton & Hutton Employment Trust T/A Zarraffas Coffee Upper Coomera, Zarraffas Coffee Riverlakes & Zarraffas Coffee Pimpama

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established