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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Shop, Distributive and Allied Employees Association-South Australian Branch, as the applicant, and the Australian Meat Industry Employee Union as the respondent. The dispute centres on an application for the termination of the Aussie Ripper Roast Tellia Catering Agreement 2009. The matter was heard in the Federal Circuit and Family Court of Australia. The applicant, representing the interests of its members, sought to terminate the agreement on the grounds of economic hardship and changes in the industry landscape, while the respondent argued that the agreement should remain in place as it provided necessary protections and benefits for the employees.

The court was required to determine whether the conditions set out in the Fair Work Act 2009 justified the termination of the agreement. Specifically, the court needed to assess if there had been a significant change in the circumstances of the parties or the industry, and whether the agreement was no longer appropriate or fit for purpose. The court also needed to consider the impact of the termination on the employees and whether there were adequate alternative arrangements in place to protect their interests.

In reaching its decision, the court examined the evidence presented by both parties and considered the broader context of the meat processing industry in Australia. The court concluded that there had indeed been significant changes in the industry, including increased competition, technological advancements, and economic pressures, which had impacted the viability of the agreement. The court found that the agreement was no longer appropriate given these changes and that the applicant had demonstrated a genuine need for the agreement to be terminated. The court also noted that alternative arrangements were in place to protect the employees' interests, including provisions in other agreements and state-based regulations.

The final orders of the court were that the Aussie Ripper Roast Tellia Catering Agreement 2009 be terminated, effective from the date of the judgment. The court emphasised that this decision was made in the interest of the parties involved and with consideration for the broader industry context.

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