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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CaseChat Overview and Summary

The case before the court involved an application by the Shop, Distributive and Allied Employees Association - South Australian Branch for the termination of the Adelaide Premium Catering Agreement 2014. The primary parties involved were the Association and the employer, Adelaide Premium Catering. The dispute centred on the applicability of the Fair Work Act 2009 and the conditions under which an enterprise agreement could be terminated. The matter was heard in the Fair Work Commission.

The court was tasked with determining several legal issues, including whether the Association had the standing to apply for the termination of the agreement, and if the grounds for termination were valid under the Fair Work Act. Specifically, the court needed to assess whether the application met the statutory requirements, particularly if the termination was warranted due to an inability to resolve the dispute through conciliation or arbitration. The court also had to consider whether the agreement had become inoperative or ineffective, which could justify its termination.

In examining the case, the court found that the Association did indeed have the standing to make the application, as it was a party to the agreement. However, the court determined that the application did not satisfy the statutory grounds for termination as outlined in the Fair Work Act. The court found that the conditions for terminating the agreement had not been met, primarily because the application did not demonstrate a failure to resolve the dispute through conciliation or arbitration. Furthermore, the court did not find that the agreement had become inoperative or ineffective. Therefore, the application for termination was dismissed.

The court's decision resulted in the dismissal of the Association's application for the termination of the Adelaide Premium Catering Agreement 2014. The court concluded that the statutory criteria for termination had not been met, and thus the agreement remained in force.

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