Shop, Distributive and Allied Employees Association Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Shop, Distributive and Allied Employees Association and Harris Scarfe Limited. The dispute was centred on the modernisation of awards, specifically the termination of the Harris Scarfe Limited Employees Award 2003 and the Harris Scarfe Limited Employees Award 2003 [Transitional]. The matter was heard in the Fair Work Commission, an Australian federal statutory body with the power to make and vary modern awards.

The central legal issues before the Commission were whether the modernisation of the awards was necessary and if the proposed changes would provide for a simpler, more effective system of regulating wages and conditions. The Commission was required to consider the implications of the award modernisation on the employees, employers, and the wider industry, as well as the objectives of the Fair Work Act 2009.

The Fair Work Commission found that the modernisation of the awards was necessary to simplify and streamline the system of regulating wages and conditions. The Commission was satisfied that the proposed changes would achieve the intended objectives, including improved efficiency, reduced complexity, and better alignment with the national minimum safety net. The Commission also considered the potential impact on employees and employers, taking into account submissions from various stakeholders. Ultimately, the Commission determined that the benefits of the award modernisation outweighed any potential negative consequences.

The Fair Work Commission terminated the Harris Scarfe Limited Employees Award 2003 and the Harris Scarfe Limited Employees Award 2003 [Transitional], replacing them with the newly modernised Retail Industry Award. The decision was made effective from 1 March 2010, providing a clear transition period for all parties involved.

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