Shop, Distributive and Allied Employees Association

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Shop, Distributive and Allied Employees Association, the Fair Work Commission was tasked with modernising an existing award to reflect changes in the employment landscape. The case involved the HarperCollins Publishers Australia Pty Ltd - Moss Vale Award 2005, which the union sought to update to better protect workers' rights in the modern employment environment. The Commission was required to balance the need for award modernisation with the rights of employers to negotiate terms and conditions of employment.

The legal issues before the Commission centred on the appropriate method for modernising the award, including whether certain provisions should be retained, amended, or removed altogether. Key considerations included the impact of modernising the award on existing employment arrangements, the potential for increased job security and fairness, and the need to ensure that the award remained relevant and effective in the contemporary workplace. The Commission also had to consider submissions from both the union and the employer, as well as any relevant stakeholders.

After careful consideration of the evidence and submissions, the Fair Work Commission determined that the award should be modernised to better reflect the needs of the modern workforce. The Commission found that certain provisions should be retained to ensure job security and fairness, while others should be amended or removed to better reflect contemporary employment practices. The Commission also noted that the modernisation process should not unduly burden employers or compromise their ability to negotiate terms and conditions of employment. The decision represents an important step forward in the ongoing effort to ensure that Australian awards remain relevant and effective in the modern workplace.

The Commission's decision to modernise the HarperCollins Publishers Australia Pty Ltd - Moss Vale Award 2005 provides a clear framework for updating existing awards to better protect workers' rights in the modern employment environment. By balancing the need for award modernisation with the rights of employers to negotiate terms and conditions of employment, the decision sets an important precedent for future award modernisation cases. The outcome of this case will be of significant interest to employers, employees, and other stakeholders in the Australian employment landscape.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established