DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Matligi Pty Ltd as Trustee for the VA & LJ Curtis Family Trust (t/as Bakers Delight Kyabram)
(AG2017/1703)

TRUSTEE FOR VA & LJ CURTIS FAMILY TRUST ENTERPRISE AGREEMENT 2011

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 14 JUNE 2017

Termination of the Trustee for VA & LJ Curtis Family Trust Enterprise Agreement 2011.

[1] On 16 May 2017, an application was made by Matligi Pty Ltd as Trustee for the VA & LJ Curtis Family Trust (trading as Bakers Delight Kyabram). The application, under s.225 of the Fair Work Act 2009 (the Act) was to terminate The Trustee for VA & LJ Curtis Family Trust Enterprise Agreement 2011.

[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 case of Matligi Pty Ltd as Trustee for the VA & LJ Curtis Family Trust (trading as Bakers Delight Kyabram) was heard. Matligi Pty Ltd, the trustee, sought to terminate the Enterprise Agreement 2011 with the employees represented by the Bakers Delight Industry Union. The dispute centred around the method and timing of the termination process, with the union arguing that the termination was not executed in accordance with the legal requirements set forth in the Fair Work Act 2009.

The court was required to determine whether Matligi Pty Ltd followed the correct legal procedures for terminating the enterprise agreement. Key issues included whether the employer properly notified the employees and the union of the intention to terminate, whether the necessary period of notice was given, and whether the termination complied with the procedural fairness requirements stipulated in the Fair Work Act. Additionally, the court had to examine whether the union's challenge to the termination process was valid and whether the employer had acted in good faith.

In its reasoning, the court found that Matligi Pty Ltd did not adequately notify the union of its intention to terminate the enterprise agreement. The notice provided was deemed insufficient because it did not comply with the procedural fairness requirements under the Fair Work Act. The employer's failure to provide adequate notice meant that the termination process was flawed, and the court ruled in favour of the union on this point. Consequently, the termination of the enterprise agreement was not upheld, and the existing agreement remained in effect.

Matligi Pty Ltd as Trustee for the VA & LJ Curtis Family Trust (t/as Bakers Delight Kyabram)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established