DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2017/2564)

PIZZA HUT - SDA NATIONAL EMPLOYEE RELATIONS AGREEMENT 2010

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 SEPTEMBER 2017

Termination of the Pizza Hut - SDA National Employee Relations Agreement 2010.

[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 2010.

[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 between the Shop, Distributive and Allied Employees Association and Pizza Hut Australia Limited was heard in the Fair Work Commission. The dispute centred on the termination of the Pizza Hut - SDA National Employee Relations Agreement 2010. The Association sought to argue that the termination of the agreement was unlawful, alleging that Pizza Hut did not follow the correct procedural steps. Pizza Hut contended that the termination was justified and in accordance with the relevant provisions of the Fair Work Act 2009.

The legal issues that the court was required to determine included whether Pizza Hut had complied with the necessary procedural requirements for terminating the enterprise agreement and whether the termination was justified. This involved examining the provisions of the Fair Work Act 2009 and the specific terms of the Pizza Hut - SDA National Employee Relations Agreement 2010. The court had to consider whether the employer's actions were in line with the legal standards and whether there was a valid reason for the termination.

The court found that Pizza Hut had followed the correct procedural steps for terminating the enterprise agreement. It was established that Pizza Hut had provided the requisite notifications and had given the Association an opportunity to make submissions. The court also determined that the termination was justified based on the evidence presented. The reasons for the termination included changes in the business environment and the need for updated terms that reflected current industry practices.

Consequently, the Fair Work Commission upheld the termination of the Pizza Hut - SDA National Employee Relations Agreement 2010. The decision confirmed that Pizza Hut had complied with the procedural requirements and that the termination was lawful. The court dismissed the Association's claims, affirming that the enterprise agreement was properly terminated.

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