Shop, Distributive and Allied Employees Association

[2013] FWC 7328

[2013] FWC 7328

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
(EM2013/23)

Publishing industry
COMMISSIONER CRIBB	MELBOURNE, 24 SEPTEMBER 2013

Award modernisation - termination of the HarperCollins Publishers Australia Pty Ltd - Moss Vale Award 2005.

[1] The Shop, Distributive and Allied Employees Association (the SDA) has made an application for an order to terminate an enterprise instrument - the HarperCollins Publishers Australia Pty Ltd - Moss Vale Award 2005 (the Award). The application was made under Item 5 of Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] Item 5(4) of Schedule 6 to the Transitional Act provides that, in making a decision as to whether to terminate an enterprise instrument, the Fair Work Commission must take into account of the factors listed in subitems (4)(a) to (h).

[3] The employer bound by the Award confirmed, on 23 August 2013, that it does not oppose the Award being terminated. There is a Modern Award that, but for the enterprise instrument, covers the persons who are covered by the instruments, that award is the Storage Services and Wholesale Award 2010. An enterprise agreement is currently in place which has a nominal expiry date of 30 June 2014.

[4] I have taken account of the factors set out in subitems (4)(a) to (h) of Item 5 of Schedule 6 to the Transitional Act. The application is granted and the HarperCollins Publishers Australia Pty Ltd - Moss Vale Award 2005 is terminated.

[5] The termination shall operate from the date of this decision. An order to this effect is issued in conjunction with this decision.

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<Price code A, AN120245  PR542343 >