Shop, Distributive and Allied Employees Association

[2013] FWC 6605

[2013] FWC 6605

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
(EM2013/21)

Retail industry
COMMISSIONER BULL	SYDNEY, 30 SEPTEMBER 2013

Award modernisation - termination of the Woolworths Distribution Centre Award 2004.

[1] This decision concerns an application made by the Shop, Distributive and Allied Employees Association (SDAEA) to terminate the Woolworths Distribution Centre Award 2004 1 (the 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 Woolworths (South Australia) Pty Ltd.

[3] The Commission has sought the views of the Respondent with respect to the application. The Respondent advised the Commission on 2 September 2013 that it consents to the order sought by the SDAEA.

[4] The SDAEA in its application to the Commission to terminate the Award has advised that the Storage Services and Wholesale Award 2010, is the appropriate underpinning award and that an enterprise agreement is currently in place known as the Woolworths Adelaide Regional Distribution Centre Certified Agreement 2 covering the Respondent’s operations at 599 Main North Road, Gepps Cross South Australia, the relevant employeesand 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 is terminated. The termination shall operate from the date of this decision.

COMMISSIONER

 1   AP837192

 2   [2012] FWAA 762, AE891247

Printed by authority of the Commonwealth Government Printer

<Price code A, AP837192  PR541310 >