The SDA’s appeal following the Fair Work Commission’s disappointing decision to not approve the Kmart Agreement has been successful.
The Agreement, which was originally lodged in December 2018, was overwhelmingly supported in a 91.7% yes vote. Despite this, the Commission had some technical concerns regarding who was and wasn’t eligible to vote on the proposed Agreement.
The SDA and Kmart appealed the decision to the Full Bench of the Fair Work Commission. The Full Bench after hearing submissions from the SDA and Kmart was satisfied that the Agreement was indeed genuinely agreed to by the employees covered by it.
The Agreement includes numerous improvements to your pay and conditions, including pay rises and higher pay rates on weekends and weeknights.
We understand the delay in securing a new Kmart Agreement has been frustrating as it delays protecting and improving your pay and conditions.
Today the Commission has supported the SDA and Kmart’s appeal. This is an important step towards ensuring the new Agreement will be put in place.
Before the Agreement is approved, the Commission has asked Kmart to update its undertakings.
The SDA is hopeful the process to approve the new Agreement will occur as quickly as possible.
Once the new Agreement comes into effect the new rates of pay will apply including new penalty rates. Kmart employees will also be entitled to backpay to 1 July 2019 and the SDA will update you with further information about the timing of this payment.
The SDA will continue to keep you updated as more information comes to hand.
If you have any questions, call the SDA on 08 8139 1000.