Davids Distribution Pty Ltd v The Federated Storemen and Packers' Union of Employees of Australia (Queensland Branch) [1995] QIRC 373 (1995) 150 QGIG 166

166 QUEENSL AN D GOVERNMENT INDUSTRIAL GAZETTE [8 September, 1995 ############## ######################### ################ QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION Industrial Relations Act 1990 s. 170 - amendment of certified agreement s. 172 - amendment or tennination of certified agreement by Full Bench Davids Di stribution Pty Lld AND The Federated Storemen and Packers' Union of Employees of Australia (Queensland Branch) ( No . (A224 of !99-IJ DA V IO S DISTRIBUTIO N PTY 1.; rn - LOGA NL EA CERTIFIED AGRE EMENT COMMISSlONtRS BOUGOURE, SWAN. BLOOMFIELD 14 August 1995 Award Type - Enterprise Agreement - Certified Agreement - Full Bench - Approved. DECISION On behalf of Davids Holdings Lt d, The Retailer's Association of Queensland. Union of Employers has sough t to vary Certified Agreement No. CA224 of 1994 to give effect to an agreement reached between Davids Hold ings and The Federated Storemen and Packers· Union of Employees of Australia (Queens land Branch) in relation to public ho li da ys. Sec ti on 169 of the Industrial Relations Act 1990 provides that a Certi fie d Agreement which is in force may only be amended to remove amb iguity or uncertainty. Further, s. 172 empowers a Fu ll Bench of the Commission to penn it parties to an agreement to amend such Agreement alter providing them wi th an opportunity to be heard. The parties seek to add the fo ll owing new paragraph to clause 10 of public holidays as follows :- "Publ ic Holidays Te nninatin g employees who have worked all or any of these days in their roster will receive the full week entitlement credited to their tem1inat ion pay, but that week wi ll not incur any leave loading.". On che surface, such amendment seems to add to Lhe c lause. However. when read in cont ex t, the new paragraph does remove the 16303_1.DOC 8 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE potential fo r ambiguity or unce rtainty (and poss ibly industrial di sp utation as a consequence) in circumstances where an employee might leave the employment of the employer. The new pa ragraph clari fi es and adds meaning to the ex isting wording. It does not provide new bene fi ts. We are of the view that, on balance, the proposed amendment wou ld act to remove the potential fo r ambiguity and uncertainty and. on that basis, should be approved. The amendment to Ce rti fied Agreement No. CA224 of 1994 is approved wi th effect from I August 1995. Ord er accordingly. R.W. BOUGOURE, Commissioner. O.A. SWAN, Commissioner. A.L. BLOOM FJELD. Commissioner. Appearances:- Mr R. Walker for the Retailers' Association of Queensland Lim ited, Union of Employe rs . Ms D. Whyte for the Federated Engine Drivers' and Firemens' Association of Austra lasia Queensland Branch, Union of Employees. Opera ti ve Date: J August 1995 Decision - Public Holidays Released: 23 August 1995 ################### #################################### 167 -- 1 of 1 --