AG2002/6769, Transcript of Proceedings [2003] AIRCTrans 488 (14 February 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1501

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/6769

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Shop, Distributive and Allied Employees
Association - Victorian Branch and Another
for certification of the Sims Supermarkets
Enterprise Agreement 2002

MELBOURNE

10.02 AM, FRIDAY, 31 JANUARY 2003

PN1

MR A. BURKE: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN2

MR P. MAGUIRE: I seek leave to appear as authorised agent representing the respondent in this matter, Sims Supermarket.

PN3

THE DEPUTY PRESIDENT: Thanks, Mr Maguire, no objection to leave, I assume.

PN4

MR BURKE: No, your Honour.

PN5

THE DEPUTY PRESIDENT: Leave is granted. Yes, Mr Burke?

PN6

MR BURKE: Thank you, Deputy President, if the Commission pleases, application has been made to certify the Sims Supermarkets Enterprise Agreement 2002 under section 170LT and the application was made within 21 days after the agreement was approved. A statutory declaration has been signed by Mr Gary Ward, acting Victorian secretary of the SDA, in relation to this application. It outlines that at least 14 days prior to approval being given all employees were given ready access to the agreement. A valid majority of employees has approved the agreement.

PN7

As you can see from the statutory declaration there is no disadvantage to employees with the new agreement. It has been approved by a valid majority. An explanation of the agreement was made in the appropriate way under the Act and a nominal expiry date of three years from the date of certification is set out in the agreement. We say that the statutory declaration answers the relevant questions and tests under the Act and the parties seek for the Commission to certify the agreement. If the Commission pleases.

PN8

THE DEPUTY PRESIDENT: Yes, Mr Maguire?

PN9

MR MAGUIRE: Yes, thank you, Deputy President, I - the respondent adopts and supports the application and submissions made by Mr Burke in this matter but in commending the enterprise agreement for certification before you, Deputy President, I would just like to point out a couple of facts around the agreement. Deputy President, this is, as far as I understand, the first agreement that has come before the Commission from a single employer, wholesale grocer or retailer since the quite significant changes and shake-up within the retail supermarket industry.

PN10

That change was where Franklins Limited vacated the field and also David's Retail Stores, previously Jewels, went into receivership. That created an opportunity for many independent grocers, including Sims Supermarkets, Deputy President, whereby a number of those stores were purchased, but in doing so, it created some anomalies and inequities and some problems for the employer in that the enterprise agreements applying at those particular stores under Franklins and David's Retail continued in force and that set up some quite significant anomalies and inequities in terms of wages, conditions, penalties, loadings, hours of work, ordinary hours of work and the like for the new employer.

PN11

This agreement in fact overcomes all those anomalies and inequities; that is essentially the main objective of the agreement and it does so by simplifying a lot of the wording that was contained within the myriad of enterprise agreements that they had inherited when taking over those stores including existing agreements that they had already had with their existing stores. It unifies also penalty rates, unifies hours of work, ordinary hours of work, unifies the loadings payable to casuals and it also unifies the rates of pay and offered - and has delivered quite significant initial increases and future wage increases to the vast majority of the employees engaged by this employer.

PN12

Commissioner, what it indicates is, I think, an important step within the retail industry since that shake-up was indicated where significant productivity and issues around the simplifying the regulation of employment through the mechanisms of enterprise agreement can be achieved not only by Sims itself, not a significantly large independent grocer, but one of some - certainly not the smallest - it indicates that those independent grocers are capable of doing so themselves and not necessarily under the umbrella of multi employer certified agreements.

PN13

That is Sims' view and one which they wanted me to put to the Commission and with that background, as I said, in all other respects we believe the agreement meets the statutory tests under the Workplace Relations Act and we submit, Commissioner, that you certify the agreement, thank you.

PN14

THE DEPUTY PRESIDENT: Yes, thanks, Mr Maguire. Yes, I am satisfied that this application and the supporting documentation complies with all relevant requirements of the Act, and based upon that documentation and based upon the submissions of the parties here today, the Sims Supermarkets Enterprise Agreement 2002 will be certified with effect from today's date. The agreement will expire on 30 January 2006. The matter is adjourned, thank you.

ADJOURNED INDEFINITELY [10.05am]