Shop, Distributive and Allied Employees Association

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Shop, Distributive and Allied Employees Association, the Fair Work Commission was tasked with modernising the Foodland Associated Limited (Western Australia) Warehouse Award 1982. The decision was brought about by the parties' mutual agreement to review and update the award, reflecting changes in industrial relations and employment practices. The association, representing employees, and Foodland Associated Limited, the employer, sought to streamline the award to better align with current working conditions and legal requirements.

The primary legal issue the commission addressed was whether the proposed changes to the award would adequately modernise it while preserving the rights and protections of the employees. This involved a careful balance between updating the award to reflect modern employment standards and ensuring that employees' rights were not diminished in the process. The commission also considered the implications of the changes on the broader industrial relations framework and whether the updated award would maintain consistency with other relevant awards and legislation.

In its reasoning, the commission examined the submissions from both parties and the broader context of award modernisation in the Australian industrial relations system. The commission concluded that the proposed changes were necessary to bring the award up to date and reflective of contemporary employment practices. The commission approved the changes, emphasising that they would enhance the efficiency and fairness of the award. The commission's decision was grounded in a thorough analysis of the current employment landscape and the need to protect employees' rights within that environment.

The final orders of the commission included the approval of the modernised award, which incorporated updated provisions for wages, working conditions, and employee protections. The new award was designed to be more reflective of the current employment environment, while ensuring that employees retained their rights and protections under the award. This decision marks an important step in the ongoing process of adapting industrial awards to meet the needs of a changing workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established