Shop, Distributive and Allied Employees Association

[2013] FWC 6775

[2013] FWC 6775

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
(EM2013/26)

Retail industry
COMMISSIONER BULL	SYDNEY, 30 SEPTEMBER 2013

Award modernisation - termination of the Harris Scarfe Limited Employees Award 2003 and the Harris Scarfe Limited Employees Award 2003 [Transitional].

[1] This decision concerns an application made by the Shop, Distributive and Allied Employees Association (SDAEA) to terminate the Harris Scarfe Limited Employees Award 2003 1 (the Award) and the Harris Scarfe Limited Employees Award 2003 [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 Harris Scarfe Ltd.

[3] The Commission has sought the views of the Respondent with respect to the application. The Respondent advised the Commission on 4 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 Harris Scarfe Distribution Centre Agreement 2011 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   AP823645

 2   AT823645

 3   [2012] FWAA 706, AE891208

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