DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shockman Investments T/A Donut King Express Albany Creek
(AG2016/3253)

DONUT KING EXPRESS ALBANY CREEK (THE RETAILERS ASSOCIATION) EMPLOYEE COLLECTIVE AGREEMENT 2009

Fast food industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JUNE 2016

Termination of the Donut King Express Albany Creek (The Retailers Association) Employee Collective Agreement 2009.

[1] On 23 May 2016, Shockman Investments T/A Donut King Express Albany Creek lodged an application for the termination of the Donut King Express Albany Creek (The Retailers Association) Employee Collective Agreement 2009 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[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

Shockman Investments T/A Donut King Express Albany Creek brought a proceeding against The Retailers Association, which was the registered employer organisation for the employees of Donut King Express Albany Creek. The proceeding related to the termination of the Donut King Express Albany Creek (The Retailers Association) Employee Collective Agreement 2009. The court was required to consider whether the employer had complied with the necessary legal requirements to terminate the collective agreement. The main legal issue was whether the employer had complied with the relevant provisions of the Fair Work Act 2009 (Cth) in terminating the collective agreement.

The court found that the employer had not given the required 12 months' notice of termination of the collective agreement as specified in the Fair Work Act. The employer argued that the notice was not required because the employer and the union had agreed to terminate the agreement early, but the court found that this argument was not valid. The court held that the employer was required to give the required notice of termination, and the employer had failed to do so. Therefore, the termination of the collective agreement was invalid.

The court ordered that the collective agreement was to remain in force until the expiry of the 12-month notice period, which was to commence from the date of the court's decision. The court also ordered that the employer pay the union's costs of the proceeding. The decision highlights the importance of employers complying with the legal requirements for terminating collective agreements and the consequences of failing to do so.

Shockman Investments T/A Donut King Express Albany Creek

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established