Shop, Distributive and Allied Employees Association-South Australian Branch

[2019] FWCA 8532

[2019] FWCA 8532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association-South Australian Branch
(AG2019/4755)

AUSSIE RIPPER ROAST TELLIA CATERING AGREEMENT 2009

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 19 DECEMBER 2019

Application for termination of the Aussie Ripper Roast Tellia Catering 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 Tellia Catering 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 there were no employees covered by the Agreement.

[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 also confirmed that there are no employees currently employed who were covered by the Agreement.

[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 19 December 2019.

COMMISSIONER

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