Shop, Distributive and Allied Employees Association Summary

[2013] FWCA 1973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/5758)

THORNLIE SUPA IGA AND SDA AGREEMENT 2012

Retail industry
COMMISSIONER WILLIAMS	PERTH, 3 APRIL 2013

Application for approval of the Thornlie Supa IGA and SDA Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thornlie Supa IGA and SDA Agreement 2012 (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] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] Clause 36−Introduction of Change of the Agreement does not provide for employee representatives other than the “Union” 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2013. The nominal expiry date of the Agreement is 3 April 2017.

COMMISSIONER

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Shop, Distributive and Allied Employees Association (SDA) and the Thornlie Supa IGA. The dispute related to the approval of an enterprise agreement between the SDA and Thornlie Supa IGA, known as the Thornlie Supa IGA and SDA Agreement 2012. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The SDA sought approval of the agreement under section 172 of the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement had been made in good faith and whether it contained the necessary bargaining provisions, as stipulated by the Act. Additionally, the Commission assessed if the agreement complied with the "better off overall test" which requires that the agreement must not disadvantage employees compared to their previous conditions.

The Fair Work Commission found that the Thornlie Supa IGA and SDA Agreement 2012 had been made in good faith and contained the necessary bargaining provisions. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, as it did not disadvantage the employees. The Commission was satisfied that the agreement provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Consequently, the Commission approved the agreement under section 173 of the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement will apply to the employees of Thornlie Supa IGA as a legally binding enterprise agreement.

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