DECISION

Fair Work Act 2009
s.225—Enterprise agreement

J & D Thoroughbreds Pty Ltd as trustee for Sea Zulu Family Trust T/A Zarraffas Loganlea and Zarraffa’s Yamanto
(AG2018/3276)

J & D THOROUGHBREDS PTY LTD, ATF SEA ZULU FAMILY TRUST T/A ZARRAFFAS LOGANLEA COFFEE EBA 2013

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 16 AUGUST 2018

Application for termination of the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust t/a Zarraffas Loganlea Coffee EBA 2013.

[1] On 19 July 2018, J & D Thoroughbreds Pty Ltd as trustee for Sea Zulu Family Trust T/A Zarraffas Loganlea and Zarraffa’s Yamanto applied for the termination of the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust T/A Zarraffas Loganlea Coffee EBA 2013.

[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 Federal Circuit Court of Australia, the matter of J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust t/a Zarraffas Loganlea Coffee EBA 2013 was brought before the court. The applicant, J & D Thoroughbreds Pty Ltd, sought the termination of an existing enterprise bargaining agreement (EBA) which was currently in effect. The dispute centred around the applicability and enforceability of the EBA under the Fair Work Act 2009.

The central legal issue the court had to address was whether the applicant had satisfied the criteria under section 231 of the Fair Work Act to terminate the EBA. This involved assessing whether the application met the specified requirements, including whether the EBA was no longer in operation and whether the applicant had taken reasonable steps to reach an agreement with the employees or their representatives. The court also had to consider the implications of the EBA's termination on the employees covered by it.

In reaching its decision, the court examined the application and the evidence provided by the applicant. It was determined that the applicant had fulfilled the necessary requirements under section 231 of the Fair Work Act. The court found that the EBA was no longer in operation and that the applicant had made reasonable efforts to reach an agreement with the employees. Consequently, the court granted the application and terminated the EBA, effective from the date specified in the order.

The court's final order declared that the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust t/a Zarraffas Loganlea Coffee EBA 2013 was terminated as of a specified date, effectively releasing the parties from the obligations under the EBA. The decision was made in accordance with the provisions of the Fair Work Act and the evidence presented to the court.

J & D Thoroughbreds Pty Ltd as trustee for Sea Zulu Family Trust T/A Zarraffas Loganlea and Zarraffa’s Yamanto

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established