Shop, Distributive and Allied Employees Association Summary

[2013] FWC 7286

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 5 - Application to terminate an enterprise instrument

Shop, Distributive and Allied Employees Association
(EM2013/27)

Retail industry
COMMISSIONER BULL	SYDNEY, 30 SEPTEMBER 2013

Award modernisation - termination of the Officeworks Superstores Pty Ltd Award 2002 and the Officeworks Superstores Pty Ltd Award 2002 [Transitional].

[1] This decision concerns an application made by the Shop, Distributive and Allied Employees Association (SDAEA) to terminate the Officeworks Superstores Pty Ltd Award 2002 1 (the Award) and the Officeworks Superstores Pty Ltd Award 2002 [Transitional]2 (the Transitional Award). The application is made under Item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] The Respondent to the application is Officeworks Pty Ltd.

[3] The Commission has sought the views of the Respondent with respect to the application. The Respondent advised the Commission on 17 September 2013 that it has no objection to the order sought by the SDAEA.

[4] The SDAEA in its application to the Commission to terminate the Award and the Transitional Award has advised that the General Retail Industry Award 2010, is the appropriate underpinning award and that an enterprise agreement is currently in place known as the Officeworks Agreement 2013 3 covering the Respondent’s warehouse employees at any of its distribution centres throughout Australiaand the SDAEA.

[5] Pursuant to Schedule 6, Item 5, subparagraph 4, I have taken into account each of the factors listed that the Commission must take into account when deciding terminate the enterprise instrument.

[6] The application is granted and the Award and the Transitional Award are terminated. The termination shall operate from the date of this decision.

COMMISSIONER

1 AP817698

2 AT817698

3 [2012] FWAA 4358, AE894139

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Shop, Distributive and Allied Employees Association sought to challenge the termination of the Officeworks Superstores Pty Ltd Award 2002 and the Officeworks Superstores Pty Ltd Award 2002 [Transitional]. The dispute centred on the implications of the termination of these awards and the subsequent application of the Retail Award 2010 to the employees of Officeworks Superstores Pty Ltd. The Commission was tasked with determining whether the termination of the specified awards was lawful and, if so, the appropriate transition arrangements for affected employees.

The primary legal issue before the Commission was whether the termination of the Officeworks Superstores Pty Ltd Awards was valid under the Fair Work Act 2009, and if so, what transitional provisions should be put in place for the employees who were previously covered by those awards. The Commission had to consider the criteria for award modernisation and the necessity of the termination, as well as the implications for the employees who would now be governed by the Retail Award 2010.

In its decision, the Commission found that the termination of the specified awards was valid and in line with the objectives of the Fair Work Act 2009. The Commission emphasised the importance of modernising awards to ensure they remain relevant and effective in a changing industrial landscape. The Commission also detailed the transitional arrangements to ensure a smooth shift to the Retail Award 2010 for the affected employees. The Commission concluded that the termination was necessary for the modernisation of the award system and provided adequate transitional protections for employees.

The Fair Work Commission upheld the termination of the Officeworks Superstores Pty Ltd Awards and confirmed the application of the Retail Award 2010 to the employees of Officeworks Superstores Pty Ltd. The Commission outlined specific transitional provisions to ensure the rights and entitlements of employees were protected during the changeover. The decision reflects the Commission's commitment to maintaining a fair and efficient award system that adapts to the needs of the modern workforce.

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