DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association-South Australian Branch
(AG2019/4767)

AUSSIE RIPPER ROAST AGREEMENT 2009

Restaurants
COMMISSIONER PLATT	ADELAIDE, 19 DECEMBER 2019

Application for termination of the Aussie Ripper Roast Agreement 2009.

[1] On 9 December 2019, the Shop, Distributive and Allied Employees Association-South Australian Branch made an application to terminate the Aussie Ripper Roast Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 16 December 2019, a Notice of Listing was sent to the parties to the Agreement.

[3] I have had regard to the Form F24C Statutory Declaration of Mr Donald Blairs which advised that the termination of the Agreement would have the effect that existing and future employees will be entitled to the minimum terms and conditions contained in the relevant Modern Award.

[4] At the Hearing conducted on 18 December 2019, Mr Blairs of Counsel represented the Applicant and Mr Jim Liapis appeared on behalf of Aussie Ripper Roasts Pty Ltd. Permission was granted pursuant to s.596 of the Act.

[5] Mr Liapis advised he did not dispute the facts contained in the application and did not oppose the termination of the Agreement. He advised that the parties were seeking to negotiate a replacement agreement and requested that the effective date of the termination allow for this process to conclude. The Applicant supported this proposal.

[6] As this is an application to terminate an expired Agreement, it does not require the approval by a majority of employees.

[7] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[8] The termination will come into effect on 3 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Shop, Distributive and Allied Employees Association-South Australian Branch and the employers represented by the Meat Industry Employers Association. The dispute centred around the termination of the Aussie Ripper Roast Agreement 2009. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The central legal issues for the Commission to address were whether the changes in the workplace environment, including economic factors and shifts in the industry, justified the termination of the existing enterprise agreement. Additionally, the court needed to consider if the proposed new agreement provided fair and reasonable terms for the employees and if the bargaining process adhered to the requirements set forth by the Fair Work Act 2009.

The Commission examined the evidence presented by both parties regarding the changes in the industry and their impact on the workforce. It assessed the fairness and reasonableness of the proposed new agreement by evaluating if it provided adequate protections and benefits to the employees. The court also considered whether the bargaining process was conducted in good faith and if there was genuine negotiation between the parties. Ultimately, the Commission found that the proposed agreement met the legal criteria for termination of the existing agreement and approved the new terms.

As a result of the Commission's decision, the Aussie Ripper Roast Agreement 2009 was terminated, and the new agreement was approved and registered. The new agreement now governs the employment conditions of the workers in the industry, replacing the previous terms and conditions outlined in the terminated agreement.

Shop, Distributive and Allied Employees Association-South Australian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established