Shop, Distributive and Allied Employees Association

[2013] FWC 6333

[2013] FWC 6333

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
(EM2013/24)

COMMISSIONER BULL SYDNEY, 30 SEPTEMBER 2013

Award modernisation - termination of the Foodland Associated Limited (Western Australia) Warehouse Award 1982.

[1] An application has been made by the Shop, Distributive and Allied Employees Association (SDAEA) for the Fair Work Commission (FWC) to terminate the enterprise instrument known as the Foodland Associated Limited (Western Australia) Warehouse Award 1982 1 (the Award). The application was made pursuant to Schedule 6, Item 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] The Respondent to the application is Metcash Trading Limited. I note that at clause 3 of the Award, it outlines the scope and coverage of the Award and states:

3. - Area and Scope

This award shall apply to workers in the callings listed herein who are employed in the Western Australian Distribution Centres by Foodland Associated Limited of 18 Miles Road, Kewdale, and to this extent shall replace the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977, No. 32 of 1976.

[3] Metcash Trading Limited has advised the Commission that Foodland Associated Limited is wholly owned by Metcash Trading Limited and was acquired in November 2005.

[4] The Commission has sought the views of the Respondent with respect to the application. The Respondent advised the Commission on 28 August 2013 that it consents to the order sought by the SDAEA.

[5] 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 IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2013 2 to which the Respondent is bound by.

[6] 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.

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

COMMISSIONER

 1   AN160132

 2   [2013] FWCA 3044, AE401263

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<Price code A, AN160132 PR540981>