Alan Champion v IGA Distribution Pty Ltd - [2012] FWA 4794

Note: An appeal pursuant to s.604 (C2012/4487) was lodged against this decision - refer to Full Bench decision dated 11 December 2012 [[2012] FWAFB 9782] for result of appeal.

[2012] FWA 4794

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.739—Dispute resolution

Alan Champion
v
IGA Distribution Pty Ltd
(C2012/2816)

Storage services
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2012

Alleged dispute in relation to disciplinary procedures.

[1] On 24 February 2012, Mr Alan Champion, represented by the Shop, Distributive and Allied Employees Association (SDA), made application to Fair Work Australia under section 739 of the Fair Work Act 2009 (the Act) to deal with a dispute with IGA Distribution Pty Ltd (IGA).

[2] Mr. Champion is employed as a storeworker for IGA at their Distribution Centre in Laverton, Victoria. Mr. Champion has worked for IGA for approximately 8 years.

[3] A first written warning has been issued to Mr. Champion by IGA. The warning relates to the performance of Mr. Champion and an alleged failure to achieve the necessary level of “Engineered Standards”. The warning was issued on 6 February 2012.

[4] The SDA, on behalf of Mr. Champion, claim that IGA was not entitled to issue the warning under the terms of the relevant agreement, The IGA Distribution Vic. Pty. Ltd and The Shop, Distributive and Allied Employees Association Enterprise Agreement 2010 (the Agreement). IGA rejects this and claims that they are entitled to issue the warning under the terms of the Agreement.

[5] After failing to resolve the dispute at the workplace level, the SDA notified the dispute to Fair Work Australia. A conference was held before me on 27 March 2012, however this failed to settle the dispute. At the conclusion of the conference, it was agreed between the parties that Fair Work Australia would determine the matter as a private arbitration under the terms of the dispute resolution procedure contained in the Agreement (clause 37).

[6] The question to be determined by Fair Work Australia in order to resolve the dispute is as follows:

“Was the company entitled, under the terms of the IGA Distribution Vic. Pty Ltd and Shop Distributive and Allied Employees Association Enterprise Agreement 2010 to issue a written warning to Mr Champion?”

[7] The parties agreed that witness evidence would not be required, and agreed that the matter would be determined on the basis of written submissions.

Powers of the tribunal to arbitrate the matter

[8] This is an application for Fair Work Australia to deal with a dispute in accordance with a dispute settlement procedure.

[9] Section 738 of the Act provides as follows:

“738 Application of this Division

This Division applies if:

(a) a modern award includes a term that provides a procedure for dealing with disputes, including a term in accordance with section 146; or

(b) an enterprise agreement includes a term that provides a procedure for dealing with disputes, including a term referred to in subsection 186(6); or

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] FWA 4794
Decision Date: 19 JUNE 2012

CaseChat Overview and Summary

In the matter of Alan Champion v IGA Distribution Pty Ltd, the dispute arose from allegations of misconduct and subsequent dismissal from employment. The case was heard in the Fair Work Commission (FWC). Mr Champion, the applicant, alleged that he was unfairly dismissed and that his employer, IGA Distribution Pty Ltd, did not follow proper disciplinary procedures. The respondent, IGA, contended that Mr Champion's dismissal was justified based on valid reasons and that the procedures followed were appropriate. The legal issues the court was required to decide involved the fairness of the dismissal, the adequacy of the disciplinary procedures, and whether the dismissal was within the scope of the reasons provided.

The court examined the evidence and submissions from both parties, focusing on the procedural fairness of the disciplinary process and whether the dismissal was justified. The FWC considered the severity of the misconduct, the employer's response, and the consistency of the disciplinary action with previous cases of similar misconduct. The court also evaluated whether the dismissal was a reasonable and proportionate response to the alleged misconduct. After a thorough analysis, the FWC concluded that the employer had not adequately followed its own disciplinary procedures, and the dismissal was unfair. The court found that the employer failed to provide Mr Champion with a fair opportunity to respond to the allegations and did not consider all relevant factors before deciding to dismiss him.

Consequently, the FWC ordered that the dismissal was unfair and unjustifiable. The court further directed that Mr Champion be reinstated to his previous position or, alternatively, be compensated for the loss of employment. Additionally, the FWC mandated that IGA review and revise its disciplinary procedures to ensure compliance with fair work principles in future cases. This decision underscores the importance of procedural fairness in disciplinary matters and the need for employers to adhere to their own policies and procedures when dismissing employees.

Orders