Shop, Distributive and Allied Employees Association Summary

[2013] FWCA 3994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/6908)

CELLARBRATIONS GLENFIELD AND SDA AGREEMENT 2013

Retail industry
COMMISSIONER WILLIAMS	PERTH, 20 JUNE 2013

Application for approval of the Cellarbrations Glenfield and SDA Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cellarbrations Glenfield and SDA 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 the Shop, Distributive and Allied Employees Association. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2013. The nominal expiry date of the Agreement is 20 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Shop, Distributive and Allied Employees Association involved an application for the approval of the Cellarbrations Glenfield and SDA Agreement 2013. The parties included the Shop, Distributive and Allied Employees Association, Cellarbrations Glenfield, and the relevant employees. The dispute centred around whether the agreement should be approved as a certified agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the criteria for approval as a certified agreement. This included considerations of whether the agreement was in the public interest, had been negotiated in good faith, and complied with procedural requirements. The court had to determine if the agreement adequately addressed the needs and rights of the employees while also considering the operational requirements of Cellarbrations Glenfield.

The Fair Work Commission found that the agreement was in the public interest and had been negotiated in good faith. The court considered that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate wage rates and conditions, while also being operationally feasible for the employer. The agreement was found to comply with all procedural requirements, and the Commission approved the agreement as a certified agreement. The decision was made in the context of ensuring that the rights and interests of both parties were protected under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the Cellarbrations Glenfield and SDA Agreement 2013 as a certified agreement. This decision ensured that the agreement would have legal effect and be binding on the parties involved, providing a framework for the terms and conditions of employment for the employees at Cellarbrations Glenfield.

Shop, Distributive and Allied Employees Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established