Application by Shop, Distributive and Allied Employees Association

[2025] FWC 2923

[2025] FWC 2923

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s 157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application by Shop, Distributive and Allied Employees Association

(AM2024/24)

DEPUTY PRESIDENT BUTLER BRISBANE, 1 OCTOBER 2025

Application to vary General Retail Industry Award 2020, Fast Food Industry Award 2020 and Pharmacy Industry Award 2020 – minimum rates for junior employees – supporting materials to be published – summaries of submissions and expert reports – research reference list.

1. On 6 June 2024, the Shop, Distributive and Allied Employees’ Association (SDA) made an application pursuant to s 157 of the Fair Work Act 2009 (the Act) to increase the minimum rates for junior employees in 3 modern awards: the General Retail Industry Award 2020 (Retail Award), Fast Food Industry Award 2020 (Fast Food Award) and Pharmacy Industry Award 2020 (Pharmacy Award).

Background

1. In summary, the SDA has applied for the Fair Work Commission (the Commission) to remove the junior pay rates currently applicable to 18–20-year-olds by setting them at 100% of the adult minimum rate, while setting the rates for 16-year-olds at 50%, and 17-year-olds at 75% across the 3 awards. The proposed variations would impact the following clauses:

·  Table 5 in clause 17.2 of the Retail Award;

·  Table 4 of clause 15.2 of the Fast Food Award; and

·  Table 4 in clause 16.2 of the Pharmacy Award.

1. In this statement, for convenience, I refer to all persons with an interest in this matter as “parties,” using this term in a broad sense.

1. Directions were initially issued by President Hatcher on 1 July 2024, where the SDA and any party supporting the application were directed to file materials by 29 October 2024. An extension of time was sought by the SDA on 16 October 2024, which was granted to 6 November 2024. The SDA filed submissions and evidence, and the Retail and Fast Food Workers’ Union (RAFFWU) and Youth Law Australia filed submissions, in response to these directions.

1. On 24 December 2024, President Hatcher amended the directions to extend the date for materials to be filed by any party opposing the application to 23 May 2025. These were again extended on 5 May 2025 to 4 July 2025. In response to these directions, Australian Industry Group (Ai Group), Australian Retailers Association (ARA), Master Grocers Australia (MGA) and Pharmacy Guild of Australia (PGA) filed submissions and evidence. Australian Business Industrial and Business NSW (ABI/BNSW), Australian Chamber of Commerce and Industry (ACCI), and Franchise Council of Australia also filed submissions.

1. The matter is listed for hearing in October and November 2025 before a Full Bench.

Submissions and evidence

1. The submissions and evidence filed in this matter to date have been extensive, including over 84 witness statements, expert reports and other evidence. During a case management hearing on 16 September 2025, I advised parties that materials prepared by Commission staff with respect to submissions and evidence filed would be published to support the conduct of the matter.

Summary of submissions and evidence

1. Commission staff have prepared a document that summarises the submissions in chief, major reply submissions and evidence filed in this matter. The purpose of this summary is to assist the Full Bench and parties by providing a high-level outline of each party’s submissions, including their position in relation to the application, and evidence filed including witness statements, expert evidence and research/reports. It goes without saying that the summary is supportive only and is not intended to be a replacement for reading the full suite of submissions and evidence filed in this matter.

Summary of expert evidence

1. The SDA, Ai Group and ARA have filed a number of expert witness reports. Commission staff have prepared summaries of these reports. The purpose of the summaries of expert witness reports is to provide a brief overview of the opinions of the expert witnesses that have been engaged by the parties to this matter. This includes a summary of analysis, findings and professional opinions based on the expert witnesses’ area of expertise.

Research reference list

1. A research reference list has also been prepared. This list compiles research and other materials that have been referred to by parties in their submissions and in the expert reports. The purpose of the research reference list is to provide a centralised list of references referred to by the parties in their materials. This list is not dissimilar from research reference lists published each year for the Annual Wage Review or other major cases.

1. The research reference list will be available to parties to utilise and refer to. Its publication does not constrain parties in their approach to this matter. They remain at liberty to seek permission to tender additional materials in the usual manner, subject to the requirements of procedural fairness.

Use of Commission staff prepared materials in proceedings

1. The summaries and the research reference list have been published with this statement.

1. I consider that publishing these materials (that is, the summaries and research reference list) may assist the Full Bench and parties in navigating the substantial volume of material filed in these proceedings. They do not reflect the views of this or any other Full Bench on the quality or relevance of the submissions or evidence.

1. The Full Bench is grateful to the Commission’s staff for preparing these materials. These materials have not been prepared or endorsed by the Full Bench.

1. As I also foreshadowed at the case management hearing, Commission staff will prepare a digital hearing book for use during the proceedings. This will be published soon.

DEPUTY PRESIDENT

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