IGA Distribution (WA) Pty Ltd

[2013] FWCA 3044

[2013] FWCA 3044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IGA Distribution (WA) Pty Ltd
(AG2013/6390)

IGA DISTRIBUTION (WA) PTY LTD AND SDA ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER WILLIAMS	PERTH, 10 JUNE 2013

Application for approval of the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IGA Distribution (WA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] Clause 40−Introduction of Change of the Agreement does not provide for employee representatives other than the “SDA” and so does not meet the requirements of s.205(1)(b) of the Act. As a consequence, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2013. The nominal expiry date of the Agreement is 19 March 2015.

COMMISSIONER

 1   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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