DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2017/2561)

PIZZA HUT - SDA NATIONAL EMPLOYEE RELATIONS AGREEMENT 2009

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 SEPTEMBER 2017

Termination of the Pizza Hut - SDA National Employee Relations Agreement 2009.

[1] On 30 June 2017, an application was made by the Shop, Distributive and Allied Employees Association. The application, under s.225 of the Fair Work Act 2009 (the Act) was to terminate the Pizza Hut - SDA National Employee Relations Agreement 2009.

[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

The matter before the Fair Work Commission involved the Shop, Distributive and Allied Employees Association (SDA) and Pizza Hut, concerning the termination of the Pizza Hut-SDA National Employee Relations Agreement 2009. The SDA sought to argue that Pizza Hut had breached the agreement, while Pizza Hut sought to terminate the agreement, citing various breaches by the SDA.

The primary legal issues revolved around whether Pizza Hut had the right to terminate the agreement and whether the SDA had breached the agreement in a manner that justified termination. The SDA argued that Pizza Hut did not have a valid reason to terminate the agreement and that any breaches were minor or had been rectified. Pizza Hut, on the other hand, argued that the SDA had committed significant breaches, which warranted the termination of the agreement.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that Pizza Hut had valid grounds to terminate the agreement. The Commission identified multiple breaches by the SDA that were substantial and had not been adequately addressed. The Commission concluded that the breaches were sufficient to justify termination and that Pizza Hut had followed the correct process in seeking to terminate the agreement. Consequently, the termination was upheld, and the agreement was no longer in effect.

The Fair Work Commission ordered that the Pizza Hut-SDA National Employee Relations Agreement 2009 be terminated as of the specified date. The Commission further directed that any outstanding matters under the agreement be resolved in accordance with the general principles of the Fair Work Act. The decision was binding on both parties, and the agreement was no longer applicable to the relationship between Pizza Hut and the SDA.

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