DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Sai Om Property Holdings Pty Ltd T/A Zarraffas Coffee Pacific Fair
(AG2017/394)

SAI OM PROPERTY HOLDINGS PTY LTD COLLECTIVE AGREEMENT 2009

Rail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 MARCH 2017

Termination of the Sai Om Property Holdings Pty Ltd Collective Agreement 2009.

[1] On 13 February 2017, Sai Om Property Holdings Pty Ltd T/A Zarraffas Coffee Pacific Fair applied to terminate the Sai Om Property Holdings Pty Ltd Collective Agreement 2009 (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 Fair Work Commission (FWC) was asked to determine whether the Sai Om Property Holdings Pty Ltd Collective Agreement 2009 (the Agreement) was terminated by the employer exercising its right to terminate the Agreement under clause 13. The dispute arose between Sai Om Property Holdings Pty Ltd T/A Zarraffas Coffee Pacific Fair (the Employer) and the National Union of Workers (the Union). The FWC heard the matter and was required to decide whether the employer had validly exercised its right to terminate the Agreement. The employer claimed that it had served a termination notice on the Union in accordance with the Agreement's terms. The Union argued that the notice was invalid because it did not comply with the requirements of the Fair Work Act 2009.

The FWC considered the terms of the Agreement and the requirements of the Fair Work Act. The employer had served a notice of termination on the Union, but the Union argued that the notice was invalid. The FWC found that the employer had not complied with the requirements of the Fair Work Act, and therefore the notice was invalid. The FWC held that the employer had not validly exercised its right to terminate the Agreement. The FWC found that the Agreement remained in effect and that the employer was bound by its terms.

The FWC ordered that the Agreement remained in effect and that the employer was bound by its terms. The FWC also ordered that the employer pay the Union's costs of the proceedings. The employer was not successful in its attempt to terminate the Agreement, and the Union's rights under the Agreement remained in place. The decision reinforces the importance of employers complying with the requirements of the Fair Work Act when exercising their rights under a collective agreement.

Sai Om Property Holdings Pty Ltd T/A Zarraffas Coffee Pacific Fair

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established