Shop, Distributive and Allied Employees Association

[2013] FWCA 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/4651)

COOLOONGUP SUPA IGA AND SDA AGREEMENT 2012

Retail industry
COMMISSIONER WILLIAMS	PERTH, 8 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Cooloongup 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] 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2013. The nominal expiry date of the Agreement is 15 February 2016.

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 matter before the Australian Industrial Relations Commission involved an application for the approval of the Cooloongup Supa IGA and Shop, Distributive and Allied Employees Association Agreement 2012. The applicant, the employer, sought the Commission's approval of the agreement which aimed to regulate the employment terms of the retail workers at the Cooloongup Supa IGA store. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement was genuinely bargained between the employer and the employees, whether it covered the correct bargaining unit, and whether the agreement complied with the provisions of the Fair Work Act. The Commission also needed to determine whether the agreement provided adequate protections for the employees and whether it aligned with the objectives of the Act in providing a fair and equitable workplace environment.

The Commission thoroughly examined the bargaining process and found that the agreement was genuinely negotiated between the parties. It was determined that the bargaining unit correctly represented the employees of the Cooloongup Supa IGA store. The Commission concluded that the agreement met the necessary standards for approval, as it contained provisions that were consistent with the Fair Work Act and provided adequate protections for the employees. The agreement was therefore approved by the Commission, ensuring that the employees would benefit from fair and equitable employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established