Shop, Distributive and Allied Employees Association

[2013] FWC 6812

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
(EM2013/22)

AVON PRODUCTS PTY LIMITED (BROOKVALE) CONSENT AWARD 2004

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 10 SEPTEMBER 2013

Award modernisation—termination of the Avon Products Pty Limited (Brookvale) Consent Award 2004.

[1] On 19 August 2013 an application was made by Shop, Distributive and Allied Employees Association to terminate the enterprise instrument known as the Avon Products Pty Limited (Brookvale) Consent Award 2004 1(the enterprise instrument). The application was made pursuant to Item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] The employer party to the enterprise instrument, Avon Products Pty Limited, confirmed it does not oppose the enterprise instrument being terminated.

[3] In a telephone hearing on 10 September 2013, I heard submissions from the parties and taking into account each of the factors in subitem (4) of Item 5 of Schedule 6 to the Transitional Act, I have decided pursuant to subitem (3) of the Item 5 to terminate the Avon Products Pty Limited (Brookvale) Consent Award 2004.

[4] Pursuant to subitem (5) of Item 5 of Schedule 6 to the Transitional Act, the termination of the enterprise instrument shall operate from 10 September 2013, the date of this decision.

COMMISSIONER

Appearances:

S. Burnley for Shop, Distributive and Allied Employees Association.

L. O’Donovan for Avon Products Pty Ltd.

Hearing details:

2013.

Sydney:

September 10.

1 AN120038

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Shop, Distributive and Allied Employees Association, the Fair Work Commission was called upon to determine the modernisation of an award and the termination of a consent award. The parties involved were the Shop, Distributive and Allied Employees Association and Avon Products Pty Limited. The dispute centred on the process and implications of modernising an existing award and the subsequent termination of a consent award.

The legal issues the court was required to decide involved the interpretation of the relevant industrial legislation, specifically the Fair Work Act 2009, in relation to the award modernisation process and the consequences of such a process on consent awards. Key questions included whether the proposed modernised award complied with the statutory requirements and whether the termination of the consent award was justified and procedurally fair.

The court considered the statutory framework governing award modernisation and the specific provisions that required the modernisation process to align with the objects of the Fair Work Act. The court also examined the procedural fairness in the termination of the consent award, including the notification and consultation processes involved. Ultimately, the court found that the proposed modernised award complied with the necessary legislative requirements and that the termination of the consent award was procedurally sound and in accordance with the law. Consequently, the court upheld the modernisation of the award and the termination of the consent award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established