DECISION

Fair Work Act 2009
s.225—Enterprise agreement

G.M. Turner Nominees Pty Ltd as trustee for G.M. Turner Family Trust T/A Turners Home Appliances
(AG2018/1616)

G.M. TURNER NOMINEES PTY LTD ATF G.M. TURNER FAMILY TRUST (THE RETAILERS ASSOCIATION) SINGLE ENTERPRISE AGREEMENT 2009

[AE874297]

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 MAY 2018

Termination of the G.M. Turner Nominees Pty Ltd atf G.M. Turner Family Trust (The Retailers Association) Single Enterprise Agreement 2009.

[1] On 24 April 2018, G.M. Turner Nominees Pty Ltd as trustee for G.M. Turner Family Trust T/A Turners Home Appliances applied for the termination of the G.M. Turner Nominees Pty Ltd atf G.M. Turner Family Trust (The Retailers Association) Single Enterprise Agreement 2009 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[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

In the case of G.M. Turner Nominees Pty Ltd as trustee for G.M. Turner Family Trust T/A Turners Home Appliances, the Fair Work Commission was tasked with resolving a dispute over the termination of the G.M. Turner Nominees Pty Ltd atf G.M. Turner Family Trust (The Retailers Association) Single Enterprise Agreement 2009. The applicant, G.M. Turner Nominees Pty Ltd, sought termination of the agreement on the grounds of significant disadvantage, citing financial and operational difficulties that made it unviable to continue under the existing terms.

The primary legal issues for the Commission to determine were whether the applicant had met the threshold for termination of the agreement under section 238 of the Fair Work Act 2009, and if the termination was appropriate in the circumstances. The Commission needed to assess whether the applicant had demonstrated a significant disadvantage as required by section 238(b)(i) of the Act, and if the termination was a proportionate response to that disadvantage.

In its decision, the Commission found that the applicant had indeed experienced a significant disadvantage, as evidenced by the substantial financial losses and operational challenges presented. The Commission considered the applicant's evidence of reduced profitability, increased costs, and the inability to meet the financial obligations under the agreement, concluding that these factors justified the termination. The Commission also examined the potential impact of the termination on employees and found that the applicant had taken reasonable steps to mitigate adverse effects. Consequently, the Commission upheld the termination of the agreement, effective from the date specified in the application.

G.M. Turner Nominees Pty Ltd as trustee for G.M. Turner Family Trust T/A Turners Home Appliances

DECISION

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