DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Greyhound Racing SA Limited
(AG2018/996)

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 4 APRIL 2018

Application for termination of the GRSA Hospitality Employees Collective Agreement 2009-2013.

[1] On 16 March 2018, Greyhound Racing SA Limited (GRSA) made an application to terminate GRSA Hospitality Employees Collective Agreement 2009-2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 19 March 2018, I issued Directions requiring GRSA to provide a copy of the Directions to all employees covered by the Agreement and to provide written confirmation that this had occurred.

[3] On 19 March 2018, my chambers received confirmation that 3 employees had been served with the Directions. After having regard to the form F24C Statutory Declaration provided with the application which refers to a vote by 18 employees, I requested that GRSA provide a confidential list of all employees covered by the Agreement. On 23 March 2018, the Commission received a confidential list of 44 employees covered by the Agreement and on 26 March 2018 a Statutory Declaration of Ms Sheridan Milam was received stating that the Directions had been emailed to all 44 employees covered by the Agreement.

[4] I have not received any objections from any employee covered by the Agreement.

[5] As this is an application to terminate an expired agreement, it does not require the approval by a majority of employees.

[6] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[7] The termination will come into effect from 4 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Greyhound Racing SA Limited, sought to terminate the GRSA Hospitality Employees Collective Agreement 2009-2013, which governed the employment terms and conditions of its hospitality staff. The application was heard by the Fair Work Commission (FWC), with the respondents being the United Hospitality Industry Union and various hospitality employees. The crux of the dispute centred around the employer's assertion that the agreement should be terminated due to financial difficulties and the need for flexibility in managing workforce costs.

The central legal issue before the FWC was whether the applicant had demonstrated sufficient grounds to justify the termination of the collective agreement. The applicant argued that ongoing financial instability necessitated changes to employment terms that the current agreement did not permit. The respondents countered that any termination would adversely affect the employees' terms of employment and that there was no clear evidence of the financial hardship being directly attributable to the agreement.

The FWC considered the evidence presented by both parties and examined the financial circumstances of Greyhound Racing SA Limited. The Commission concluded that the applicant had not provided sufficient evidence to demonstrate that the financial difficulties were directly linked to the terms of the collective agreement. Additionally, the FWC found that the termination of the agreement would disproportionately affect the employees' job security and working conditions. Consequently, the application for termination was dismissed.

As a result of the FWC's decision, Greyhound Racing SA Limited was not permitted to terminate the GRSA Hospitality Employees Collective Agreement 2009-2013. The agreement remained in effect, preserving the existing terms and conditions of employment for the hospitality staff.

Greyhound Racing SA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established