Re Shop, Distributive and Allied Employees Association

The applicants, Shop, Distributive and Allied Employees Association, sought to terminate several Domino’s Pizza certified, collective and enterprise agreements. They argued that the agreements were no longer in effect due to significant changes in the business operations of Domino’s Pizza. The Fair Work Commission (FWC) was the forum for this dispute.

The primary legal issue was whether the agreements remained valid and enforceable, given the substantial changes to Domino’s Pizza’s business operations and structure. The applicants contended that these changes rendered the agreements redundant, as they no longer reflected the current employment conditions and terms. The respondents, including Domino’s Pizza, argued that the agreements were still valid and that the changes did not constitute a termination of the agreements.

The FWC considered the nature of the agreements and the extent of the changes to Domino’s Pizza’s business operations. It found that the agreements were not terminated by the changes in business operations. The FWC reasoned that the agreements contained provisions allowing for the continuation of their terms and conditions despite changes in the business, and that these provisions had not been invoked. Consequently, the applicants’ applications to terminate the agreements were dismissed.

No further orders were made by the FWC.