Shop, Distributive and Allied Employees Association-South Australian Branch

[2019] FWCA 8571

[2019] FWCA 8571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association-South Australian Branch
(AG2019/4768)

ADELAIDE PREMIUM CATERING AGREEMENT 2014

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 19 DECEMBER 2019

Application for termination of the Adelaide Premium Catering Agreement 2014.

[1] On 9 December 2019, the Shop, Distributive and Allied Employees Association-South Australian Branch made an application to terminate the Adelaide Premium Catering Agreement 2014 (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

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