Shop, Distributive and Allied Employees Association

[2018] FWCA 6218

[2018] FWCA 6218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2018/2564)

SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES’ ASSOCIATION, NEW SOUTH WALES BRANCH – CLERICAL AND ADMINISTRATIVE STAFF AGREEMENT 2017

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Shop, Distributive & Allied Employees' Association New South Wales Branch - Clerical and Administrative Staff Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shop, Distributive & Allied Employees’ Association New South Wales Branch - Clerical and Administrative Staff Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shop, Distributive and Allied Employees Association. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 October 2018 and, in accordance with s.54, will operate from 16 October 2018. The nominal expiry date of the Agreement is 22 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A