Shop, Distributive and Allied Employees Association

[2013] FWCA 5590

[2013] FWCA 5590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/7759)

SUSSAN / SDA NDC AGREEMENT 2013

Storage services
COMMISSIONER BULL	SYDNEY, 12 AUGUST 2013

Application for approval of the Sussan / SDA NDC Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sussan / SDA NDC Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking with respect to clause 34 - How to resolve grievances and disputes, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant, has been provided by the employer.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers employees working as online, warehouse and clerical workers at the Sussan Sydney NDC. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] 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) I note that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 August 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Annexure A

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