DECISION

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

Shop, Distributive and Allied Employees Association
(AG2017/4256)

HASTINGS CO-OPERATIVE SUPERMARKET ENTERPRISE AGREEMENT 2005

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 OCTOBER 2017

Termination of the Hastings Co-Operative Supermarket Enterprise Agreement 2005.

[1] On 18 September 2017, the Shop, Distributive and Allied Employees Association applied to terminate the Hastings Co-Operative Supermarket Enterprise Agreement 2005 (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 parties to this case were the Shop, Distributive and Allied Employees Association (SDA) and Hastings Co-Operative Supermarket. The dispute centred on the termination of the Hastings Co-Operative Supermarket Enterprise Agreement 2005. The matter was heard in the Fair Work Commission (FWC), an Australian industrial relations tribunal.

The legal issues before the FWC included whether the employer's decision to terminate the enterprise agreement was valid and whether the termination was in accordance with the requirements of the Fair Work Act 2009. The SDA argued that the termination was not valid because it did not meet the specific conditions outlined in the Act for terminating an enterprise agreement. Conversely, the employer contended that the termination was justified and complied with the statutory requirements.

The FWC found that the employer had correctly followed the procedures set out in the Fair Work Act for terminating the enterprise agreement. The tribunal determined that the employer had provided the necessary notifications and had a valid reason to terminate the agreement. Consequently, the termination was upheld, and the enterprise agreement was no longer in effect. The FWC emphasised that the employer's actions were procedurally sound and legally justified.

The FWC's decision concluded that the termination of the enterprise agreement was valid. The tribunal ordered that the enterprise agreement be deemed terminated, and the parties were to be guided by the terms of the applicable modern award going forward.

Shop, Distributive and Allied Employees Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established