the Applicant and Others v Shop, Distributive and Allied Employees Association (006N)
Citation: [2026] FWCFB 77
What happened
The Shop, Distributive and Allied Employees Association (SDA) applied for a single interest employer authorisation concerning six Chemist Warehouse pharmacy stores in South Australia owned by Philip Colasante Pharmacies Pty Ltd & Pharmec Pty Ltd and Others. This authorisation would allow the SDA to bargain for an enterprise agreement covering these pharmacies and their employees. A Deputy President initially granted the authorisation, but the employers appealed this decision, arguing that the Commission wasn't properly satisfied a majority of employees wanted to bargain for the agreement.
What was decided
The Full Bench dismissed the appeal. The employers argued the Deputy President failed to consider whether employees were informed about the consequences of the authorisation and incorrectly interpreted 'the agreement'. The Full Bench found no error in the Deputy President’s decision, stating they could be satisfied the requirement in s 249(1B)(d) was met despite changes to the proposed coverage of the agreement. Permission to appeal was not granted.
What it means for employers
the Respondent seeking single interest employer authorisations need to ensure employees are fully informed about the implications of such an authorisation. They should also be prepared to address arguments regarding the definition and scope of the 'agreement' being sought, particularly if there have been changes during the application process.
What it means for employees
Employees should understand the consequences of a single interest employer authorisation before petitions are signed or agreements are considered. This includes understanding limitations on bargaining for alternative agreements while the authorisation is in effect.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections