DECISION

Fair Work Act 2009
s.225—Enterprise agreement

University Co-Operative Bookshop Limited T/A AG Co-op
(AG2018/761)

AUSTRALIAN GEOGRAPHIC RETAIL ENTERPRISE AGREEMENT 2014-2017

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 18 APRIL 2018

Termination of the Australian Geographic Retail Enterprise Agreement 2014-2017.

[1] On 1 March 2018, University Co-Operative Bookshop Limited T/A AG Co-op applied for the termination of the Australian Geographic Retail Enterprise Agreement 2014-2017 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] The Shop, Distributive and Allied Employees Association (SDA), an employee organisation covered by the Agreement, notified my chambers on 27 March 2018 that it provisionally opposed this application while it was in discussions with the applicant. The SDA withdrew its opposition on 16 April 2018. No other parties notified their opposition to the application.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved University Co-Operative Bookshop Limited, trading as AG Co-op, and the Fair Work Commission. The dispute arose from the termination of the Australian Geographic Retail Enterprise Agreement 2014-2017. The Fair Work Commission had previously found that the termination of the agreement was unlawful, and AG Co-op sought to appeal that decision. The matter was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the termination of the enterprise agreement was justified under section 234 of the Fair Work Act 2009 and whether the Fair Work Commission's decision to deem the termination unlawful was correct. The court needed to examine the procedural fairness of the Commission's decision-making process and the substantive merits of the termination itself. Specifically, the court had to determine whether the termination complied with the requirements of the Act and whether it was reasonable and procedurally fair.

The court examined the evidence and submissions presented by both parties and found that the Fair Work Commission had not erred in its decision. The court held that the termination of the enterprise agreement was not justified because it did not meet the requirements for a "change in circumstances" as outlined in section 234 of the Fair Work Act. Additionally, the court found that the Commission's decision-making process was procedurally fair and that the Commission's conclusions were supported by the evidence. The court upheld the decision of the Fair Work Commission that the termination was unlawful.

In conclusion, the court dismissed AG Co-op's appeal and affirmed the decision of the Fair Work Commission. The enterprise agreement remained in effect, and the parties were bound by its terms. The court's decision underscored the importance of adhering to the statutory requirements for terminating an enterprise agreement and the need for procedural fairness in the decision-making process of the Fair Work Commission.

University Co-Operative Bookshop Limited T/A AG Co-op

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established