Shop, Distributive and Allied Employees Association

Case

[2012] FWA 6221

24 JULY 2012

No judgment structure available for this case.

[2012] FWA 6221


FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 5 - Application to terminate an enterprise instrument - award

Shop, Distributive and Allied Employees Association
(EM2012/504)

Fast food industry

COMMISSIONER JONES

MELBOURNE, 24 JULY 2012

Application to terminate the Pizza Haven/SDA Award 2000

[1] An application has been made by the Shop, Distributive and Allied Employees Association for Fair Work Australia (FWA) to terminate the enterprise instrument known as the Pizza Haven/SDA Award 2000 (the Award). The application was made pursuant to Schedule 6 Item 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] I have taken into account each of the factors in Schedule 6 Item 5, subparagraph 4 to the Transitional Act.

[3] I note that there have been no objections to this application. The employer bound by the Award, Pizza Haven, advised me that it did not oppose the termination of the Award.

[4] A modern award, the Fast Food Industry Award 2010, is an award that covers employees throughout Australia in the fast food industry. The award covers the operations of Pizza Haven in all States and Territories of Australia. The Employer bound by the award, has advised that as at 30 June 2012 there are no longer any Pizza Haven stores in Australia. The terms of the Award are below those in the modern Fast Food Industry award.

[5] I have decided to grant the application and terminate the Award. The termination shall operate from the date of this decision.

COMMISSIONER

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