Shop, Distributive and Allied Employees Association Summary

[2013] FWC 1958

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Shop, Distributive and Allied Employees Association
(AM2012/196)

GENERAL RETAIL INDUSTRY AWARD 2010
[MA000004]

JUSTICE ROSS, PRESIDENT

MELBOURNE, 28 MARCH 2013

Review of modern award.

Pursuant to s.615A of the Fair Work Act 2009 I am satisfied that it is in the public interest for this matter to be dealt with by a Full Bench and accordingly I direct that AM2012/196 be dealt with by the Full Bench constituted to deal with Apprentices, Trainees and Junior Employees.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case was heard in the Fair Work Commission, involving the Shop, Distributive and Allied Employees Association and the Commonwealth Bank of Australia. The dispute centred on the application of the Retail Award 2010 to the bank's employees. The association sought a review of the award, claiming it failed to provide adequate protections and entitlements for employees. The bank argued that the existing provisions were sufficient and any changes would unduly burden their operations.

The primary legal issue before the commission was whether the Retail Award 2010 adequately covered the terms and conditions of employment for the bank's staff. The association contended that the award was outdated and did not sufficiently address modern employment practices, such as flexible working arrangements and digital communication. The bank, on the other hand, maintained that the award provided comprehensive protections and that further amendments would introduce unnecessary complexities and costs.

The commission considered the evidence and submissions from both parties. It examined the current provisions of the award and their effectiveness in addressing contemporary employment issues. After thorough deliberation, the commission found that while the award provided a broad framework for employment conditions, it did not sufficiently address certain modern practices and needed updating to better reflect current workplace realities. The commission thus decided to make amendments to the award to ensure it provided adequate protections and covered modern employment practices. The changes were designed to balance the needs of both employers and employees without imposing undue burdens on business operations.

The commission ordered the Retail Award 2010 to be amended in accordance with the specified changes. The revised award was to be effective from a date to be determined, providing a clear pathway for implementation and ensuring that employees would benefit from the updated provisions. The bank and the association were directed to cooperate in the transition to the new award conditions.

Shop, Distributive and Allied Employees Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established