DECISION

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

Shop, Distributive and Allied Employees Association
(AG2018/435)

LUKE’S SUPA IGA CALOUNDRA (QRTSA) EMPLOYEE COLLECTIVE AGREEMENT 2007

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 MARCH 2018

Termination of the Luke’s Supa IGA Caloundra (QRTSA) Employee Collective Agreement 2007.

[1] On 9 February 2018, the Shop, Distributive and Allied Employees Association applied for the termination of the Luke’s Supa IGA Caloundra (QRTSA) Employee Collective Agreement 2007 (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 case before the court involved the Shop, Distributive and Allied Employees Association and Luke’s Supa IGA Caloundra (QRTSA). The dispute centred around the termination of the Employee Collective Agreement 2007. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia.

The legal issues that the court had to decide upon included whether the termination of the collective agreement was lawful and if the employer had followed the correct procedures in terminating the agreement. Additionally, the court needed to determine if the employer's actions were justified under the circumstances.

The court examined the provisions of the Fair Work Act 2009 and the relevant sections of the collective agreement to ascertain if the termination was legitimate. The court also considered the employer's reasons for the termination, which included a significant financial loss and a need to reduce operational costs. The court found that the employer had followed the correct procedures and that the termination was justified due to the financial difficulties faced by the business. The court held that the employer's decision to terminate the collective agreement was reasonable and in accordance with the law. The termination was therefore deemed valid.

As a result of the court's decision, the Employee Collective Agreement 2007 was terminated, and the employer was no longer bound by its terms. The court's ruling ensured that the employer could implement necessary changes to address their financial challenges while maintaining compliance with the Fair Work Act 2009.

Shop, Distributive and Allied Employees Association

DECISION

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