[2017] FWCA 5703

The attached document wholly replaces the document previously issued with the document code [2017] FWC 5693 earlier today to correct document referencing.

Edrea Venal

Associate to Senior Deputy President Hamberger

Dated 1 November 2017

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2017/2309, AG2017/2313, AG2017/2315, AG2017/2317, AG2017/2319, AG2017/2321, AG2017/2323, AG2017/2324, AG2017/2325, AG2017/2336, AG2017/2337, AG2017/2338, AG2017/2339, AG2017/2340, AG2017/2341, AG2017/2342, AG2017/2344, AG2017/2345, AG2017/2347, AG2017/2348, AG2017/2350, AG2017/2352, AG2017/2353, AG2017/2354, AG2017/2355, AG2017/2366, AG2017/2367)

Casey Salt
(AG2017/3612)

SDA - DOMINO’S PIZZA AGREEMENT 2001
[AG811150]
SDA - DOMINO’S PIZZA AGREEMENT NO. 2 2001
[AG812393]
SDA - DOMINO’S PIZZA AGREEMENT NO. 3 2001
[AG812392]
SDA - DOMINO’S PIZZA AGREEMENT NO. 4 2001
[AG813288]
SDA - DOMINO’S PIZZA AGREEMENT NO. 5 2002
[AG819139]
SDA - DOMINO’S PIZZA AGREEMENT NO. 6 2002
[AG819083]
SDA - DOMINO’S PIZZA AGREEMENT NO. 7 2002
[AG819137]
SDA - DOMINO’S PIZZA AGREEMENT NO. 8 2002
[AG819138]
SDA - DOMINO’S PIZZA AGREEMENT NO. 9 2002
[AG819136]
SDA - DOMINO’S PIZZA AGREEMENT NO. 10 2002
[AG833541]
SDA - DOMINO’S PIZZA AGREEMENT NO. 11 2002
[AG820445]
SDA - DOMINO’S PIZZA AGREEMENT NO. 12 2002
[AG821442]
SDA - DOMINO’S PIZZA AGREEMENT NO. 14 2003
[AG828358]
SDA - DOMINO’S PIZZA AGREEMENT NO. 15 2003
[AG829011]
SDA - DOMINO’S PIZZA AGREEMENT NO. 16 2003
[AG830237]
SDA - DOMINO’S PIZZA AGREEMENT NO. 17 2003
[AG830236]
SDA - DOMINO’S PIZZA AGREEMENT NO. 18 2003
[AG830234]
SDA - DOMINO’S PIZZA AGREEMENT NO. 19 2003
[AG830235]
MT PRITCHARD PIZZA PTY LTD ACN 122 700 672 OPERATING AS DOMINO’S PIZZA AT MT PRITCHARD
[AC305174]
DELISI PTY LTD ACN 076 189 715 OPERATING AS DOMINO’S PIZZA AT MILL PARK
[AG301077]
SDA - DOMINO’S PIZZA AGREEMENT 2005
[AG843924]
SDA - DOMINO’S PIZZA AGREEMENT NO. 20 2004
[AG832120]
SDA - DOMINO’S PIZZA AGREEMENT 2009
[AE878035]
SARAH KATE INVESTMENTS PTY LTD ACN 118 801 371 OPERATING AS DOMINO’S PIZZA AT HAMPTON PARK
[AC301291]
CULTURA PTY LTD ACN 120 126 632 OPERATING AS DOMINO’S
[AC302341]
SDA - DOMINO’S PIZZA AGREEMENT NO. 21 2004
[AG833540]
SDA - DOMINO’S PIZZA AGREEMENT NO. 13 2003
[AG825310]

Applications to terminate various Domino’s Pizza certified, collective and enterprise agreements.

[1] The Shop, Distributive and Allied Employees Association (SDA) has applied under s.225 of the Fair Work Act 2009 (Cth) (the Act) and item 16 of sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act) as appropriate to terminate the 27 Domino’s Pizza Enterprises Limited (Domino’s) certified, collective and enterprise agreements (the Agreements) listed above.

[2] Ms Casey Salt has applied item 16 of sch 3 to the TPCA Act to terminate one of the Agreements in respect of which the SDA has also applied, the SDA – Domino’s Pizza Agreement 2005. 1

[3] All 28 of these applications were heard earlier today, 1 November 2017. Mr D Macken, solicitor, appeared for the SDA with permission, with Ms R Patena. Ms Salt was represented by Mr J Cullinan of the Retail and Fast Food Workers’ Union. With permission, Domino’s was represented by Mr Y Shariff of counsel with Ms M Skinner, solicitor. Mr Tim van Schyndel, National Employee Relations Manager, gave evidence for Domino’s and was cross-examined.

[4] The following is an edited version of my decision given in transcript at the conclusion of that hearing.

[5] I am satisfied that having regard to the requirements of s.226 of the Act, it would be appropriate to terminate the Agreements.

[6] I have had regard to the submissions of the parties and the essentially uncontested evidence of Mr van Schyndel.

[7] I do consider that it would be appropriate, in all the circumstances, to allow the respondent a transitional period to deal with the consequences of the termination of the Agreements. I note this is consistent with a number of the decisions of the Fair Work Commission dealing with the termination of certified, collective and enterprise agreements, including some of my own.

[8] The Agreements will be terminated with effect from 12 weeks from the date of this decision, that is, from 24 January 2018. Orders giving effect to my decision will issue shortly.

SENIOR DEPUTY PRESIDENT

Appearances:

D Macken, solicitor, with R Patena for the Shop, Distributive and Allied Employees Association.

J Cullinan for Casey Salt.

Y Shariff of counsel with M Skinner, solicitor, for Domino’s Pizza Enterprises Limited.

Hearing details:

Sydney.

2017.

November 1.

 1   AG843924.

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