Modern Awards Review—General Retail Industry Award 2010

[2013] FWCFB 2472

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review—General Retail Industry Award 2010
(AM2012/196)

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SENIOR DEPUTY PRESIDENT HARRISON COMMISSIONER ROE	SYDNEY, 26 APRIL 2013

[1] At the conclusion of the Mention and Programming proceedings before the Full Bench on 23 April 2013, we advised the parties that we would deal with the application by the Shop, Distributive and Allied Employees Association (SDA) with respect to adult rates of pay for workers aged 20 years in the General Retail Industry Award 2010 as follows:

The timetable previously set for the filing of submissions will be extended. It is noted that the SDA and the Australian Council of Trade Unions have already filed submissions in support of the SDA application.

The weeks of 1-5 and 15-19 July 2013 are set aside for the hearing of evidence and submissions, and for any site inspections.

The application will be listed for further Mention and Programming proceedings in Sydney at 9:00 am, Thursday 6 June 2013.

The parties should confer prior to the proceedings on 6 June 2013 with a view to presenting an agreed proposal as to how the Full Bench should proceed with hearing evidence and submissions and undertaking any necessary site inspections during the weeks set aside.

[2] The following Directions are made:

1. Submissions and evidence in response to the SDA application are to be filed by 4:00 pm, Tuesday 14 May 2013.

2. Submissions and evidence in reply are to be filed by the SDA by 4:00 pm, Tuesday 28 May 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Justice Boulton, Senior Deputy President, addressed an application by the Shop, Distributive and Allied Employees Association (SDA) concerning adult rates of pay for workers aged 20 years within the General Retail Industry Award 2010. The application was made under the Modern Awards Review process stipulated by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The dispute focused on the adequacy and fairness of the adult pay rates set in the award, with the SDA seeking adjustments to better reflect the cost of living and the workforce's needs.

The court had to determine whether the existing adult pay rates under the General Retail Industry Award 2010 were sufficient and fair for employees aged 20 and above. This involved assessing the submissions provided by the SDA and other stakeholders, such as the Australian Council of Trade Unions, which supported the SDA's application. The court also needed to consider the economic conditions and the impact of the proposed changes on both employers and employees within the retail industry.

In its decision, the Full Bench extended the deadlines for filing submissions and evidence, noting the importance of the matter. The court set specific weeks for hearing evidence and submissions, and for any necessary site inspections. The parties were directed to confer and present an agreed proposal for how the proceedings should be conducted. The court emphasized the need for a thorough review of the evidence and submissions to ensure a fair and balanced outcome.

The final orders included specific deadlines for filing submissions and evidence, and set aside weeks for the hearing of evidence and submissions, and any necessary site inspections. The application was scheduled for further Mention and Programming proceedings, allowing the court to manage the process effectively and ensure that all relevant parties had an opportunity to present their case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established