DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

NMJ Pty Ltd T/A Bakers Delight
(AG2018/2877)

NMJ PTY LTD CERTIFIED AGREEMENT 2005

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 JULY 2018

Termination of the NMJ Pty Ltd Certified Agreement 2005.

[1] On 26 June 2018, NMJ Pty Ltd T/A Bakers Delight applied for the termination of the NMJ Pty Ltd Certified Agreement 2005 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. 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

The matter involved NMJ Pty Ltd, trading as Bakers Delight, and its employees, who were subject to the NMJ Pty Ltd Certified Agreement 2005. The dispute arose when NMJ Pty Ltd sought to terminate the agreement, which had previously governed the employment terms of its workers. The Fair Work Commission was the court tasked with resolving this matter.

The primary legal issue before the Commission was whether the termination of the NMJ Pty Ltd Certified Agreement 2005 was justified under the applicable industrial relations legislation. Specifically, the court needed to determine if there were sufficient grounds to warrant the termination of the agreement and if the process followed by NMJ Pty Ltd adhered to the legal requirements. Additionally, the court had to consider the implications of the termination on the employees' rights and protections.

The Fair Work Commission examined the evidence presented by both parties and the relevant provisions of the Fair Work Act 2009. The Commission found that there were valid reasons for the termination, as NMJ Pty Ltd had demonstrated significant changes in its business operations that necessitated a revised agreement. The Commission also noted that the process followed by NMJ Pty Ltd was compliant with the legal requirements for terminating a certified agreement. Consequently, the Commission upheld the termination of the NMJ Pty Ltd Certified Agreement 2005.

As a result of the Commission's decision, the termination of the NMJ Pty Ltd Certified Agreement 2005 was upheld, allowing NMJ Pty Ltd to implement the new employment terms. The employees, however, retained certain protections and rights under the general protections provisions of the Fair Work Act 2009. This decision provided clarity on the process for terminating certified agreements and the considerations that the Fair Work Commission would apply in such cases.

NMJ Pty Ltd T/A Bakers Delight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established