Shop, Distributive and Allied Employees Association

[2013] FWCA 1979

[2013] FWCA 1979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/5760)

HUNTINGDALE IGA AND SDA AGREEMENT 2012

Retail industry
COMMISSIONER WILLIAMS	PERTH, 3 APRIL 2013

Application for approval of the Huntingdale IGA and SDA Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Huntingdale 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.

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