DECISION

Fair Work Act 2009
s.225—Enterprise agreement

UBET SA Pty Ltd (Formerly SA TAB PTY LTD)
(AG2019/2868)

SATAB PTY LTD ACCOUNT BETTING AGREEMENT 2013

Amusement, events and recreation industry
COMMISSIONER PLATT	ADELAIDE, 16 AUGUST 2019

Application for termination of the SATAB Pty Ltd Account Betting Agreement 2013.

[1] On 6 August 2019, UBET SA Pty Ltd (Formerly SA TAB Pty Ltd) made an application to terminate the SATAB Pty Ltd Account Betting Agreement 2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 8 August 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 Ms Blanche MacQuinto which advised no employees were currently employed who were covered by the Agreement and it did not intend to employ such persons in the future.

[4] At the Hearing conducted on 15 August 2019, Ms MacQuinto represented the Applicant and Mr Scott Cowan represented the Australian Municipal, Administrative, Clerical and Services Union (ASU).

[5] Mr Cowan advised he did not dispute the facts contained in the application and did not oppose the termination of the Agreement. The Applicant advised that no employees were 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 16 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved UBET SA Pty Ltd, formerly SA TAB Pty Ltd, seeking the termination of the SATAB Pty Ltd Account Betting Agreement 2013. The applicant, UBET, sought the termination on the grounds of alleged breaches by SATAB of the agreement. The dispute was heard in the Supreme Court of South Australia.

The primary legal issues before the court were whether SATAB had indeed breached the terms of the agreement, and if so, whether such breaches justified the termination of the agreement. UBET argued that SATAB had not honoured certain payment obligations under the agreement and had engaged in activities that were inconsistent with the terms of the contract. SATAB, on the other hand, contended that any alleged breaches were either minor or had been rectified, and did not warrant termination.

The court considered the evidence and arguments presented by both parties. It examined the specific terms of the agreement and the conduct of SATAB in relation to those terms. The court found that SATAB had indeed breached several key obligations under the agreement, and that these breaches were significant enough to warrant termination. Consequently, the court ruled in favour of UBET, granting the application for termination of the agreement.

The final orders of the court were that the SATAB Pty Ltd Account Betting Agreement 2013 be terminated effective immediately, with UBET to be released from any further obligations under the agreement. SATAB was also ordered to pay UBET's legal costs associated with the application.

UBET SA Pty Ltd (Formerly SA TAB PTY LTD)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established