Coco’s Fresh Food Markets Certified Agreement [2003] QIRC 142 (2003) 173 QGIG 1344

1344 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 22 August, 2003 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 156 – certifying an agreement Coco’s Fresh Food Markets Certified Agreement (No. CA247 of 2003) COMMISSIONER BECHLY 8 August 2003 DECISION This agreement, negotiated with employees employed by a number of retail stores operated by the employer, has had a tortuous progress. An earlier agreement, approved in 1996 is long overdue for renewal. Subsequently, an agreement was filed on 10 August 2001 and dealt with by Commissioner Blades. Its approval was subject to certain undertakings to be given by the employer. The employer withdrew the document and then proposed another certified agreement which was dealt with by Vice President Linnane. Those proceedings have not been finalised. The agreement now before me is the latest attempt to secure certification of proposed employment arrangements with employees and provide them with appropriate conditions of employment. The applicants now propose that the establishments to be covered by the agreements fall within the definitions of “exempt” shops in the Trading (Allowable Hours) Act 1990 and thus should not be judged, for the no-disadvantage test purposes, against conditions in the award which provide some higher benefits for non “exempt” shop employees. The evidence provided by way of affidavit clearly reveals that, on a sales value basis, all except one of the establishments is predominantly engaged in the sale of fruit and vegetables and thus falls within the category of “exempt” shop. The one shop where sales of fruit and vegetables falls marginally below 50% also has sales of milk, bread and eggs which represents 26.3% of sales. The definition of “exempt” shop includes a “bread shop” and a “milk bar”. Taking a broad definition for the purposes of the no-disadvantage test it would now seem that the agreement, subsequent to a number of amendments proposed by the Shop, Distribution and Allied Employees’ Association (Queensland Branch) and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees, now meets the no disadvantage requirements and can be certified. -- 1 of 2 -- 22 August, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1345 The agreement is certified from 31 July 2003 and supercedes the prior agreement from that date. R.E. BECHLY, Commissioner. Hearing Details: 2003 31 July Appearances: Mr A. Herbert instructed by Colwell Wright on behalf of the applicant. Mr L. Gillespie of the Shop, Distribution and Allied Employees’ Association (Queensland Branch). Mr K. Krebs of the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. -- 2 of 2 --