DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford
(AG2016/4762)

GLORIA JEAN'S STAFFORD ENTERPRISE AGREEMENT 2009

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 AUGUST 2016

Application for termination of the Gloria Jean's Stafford Enterprise Agreement 2009.

[1] On 28 July 2016 Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford, filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the June 2010 Australian Fair Work Act 2009 Dynamic Door Service Single Enterprise Agreement 2010 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer filed a statutory declaration as a supporting document to the application to demonstrate there were no longer any employees under the Agreement.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Ngena Holdings Pty Ltd, trading as Gloria Jean's Coffee Stafford, brought an application to the Fair Work Commission to terminate the Gloria Jean's Stafford Enterprise Agreement 2009. The application arose from a dispute between the employer and employees regarding the application and interpretation of the agreement, particularly in relation to certain contractual entitlements and obligations.

The central legal issues before the court were whether the employer had met the statutory requirements to terminate the enterprise agreement and whether the proposed termination was in accordance with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the employer had provided the requisite notice and if the termination was justified on the grounds of significant change in circumstances, as stipulated by the Act.

The Fair Work Commission found that the employer had satisfied the procedural requirements for termination, having provided the necessary 12 months' notice to the employees. The court also considered the employer's evidence regarding the significant change in circumstances, which included operational challenges and economic factors impacting the business. After weighing the evidence, the Commission concluded that the employer had demonstrated sufficient grounds for termination under the Act. Consequently, the court granted the application to terminate the enterprise agreement.

The final orders of the Fair Work Commission mandated that the Gloria Jean's Stafford Enterprise Agreement 2009 be terminated, effective from the date specified in the employer's notice. Additionally, the Commission directed that the termination would not adversely affect employees' existing rights and entitlements, ensuring a smooth transition for those impacted by the termination.

Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established