The SDA has today made application to the Federal Court for judicial review of the Fair Work Commission’s Penalty Rates Decision. This follows the FWC issuing determinations that cut penalty rates that apply to low paid workers in Retail, Fast Food and Pharmacy industries.
SDA National Secretary Gerard Dwyer said that the objective of the appeal was to protect the take home pay of workers across the country after the Prime Minister and Coalition Government turned their backs on them.
“On July 1 over 700,000 workers in the retail, fast food and hospitality industries will receive the first of several cuts to their take home pay.”
“This is a pay cut workers can’t afford and don’t deserve. It is deeply unfair and it will hurt retail and fast food workers every week.”
“Malcolm Turnbull has publicly supported these cuts and has opposed any effort in Parliament this week to remedy these pay cuts for retail and fast food workers.”
“To protect the take home pay of workers, the SDA is taking the battle to the Federal Court by appealing the Fair Work Commission’s decision on weekend penalty rates.”
United Voice has also filed a similar application for the Hospitality industry
The separate applications by the Unions to the Federal Court, which the Unions expect will be jointly heard and determined, will examine the extent to which the decision of the Commission is affected by fundamental jurisdictional error.
The applications are expected to invite consideration by the Court as to whether the Commission considered, and acted within, the proper ambit of its powers in connection with the Modern Awards Review, as well as the reasonableness of findings made by it in the face of the evidence it received.
The SDA is seeking to have the matter heard expeditiously.
If jurisdictional error is established on any grounds of review relied upon by the Unions, the Unions will seek that the Penalty Rates decision be quashed and any implemented cuts to take home pay (proposed to commence from 1 July) will be reversed. In that scenario, workers whose take home pay is cut from 1 July will be entitled to back pay for the wages lost by them.
“The SDA has a proud history and strong track record of winning workers good pay and excellent working conditions.”
“In the workplace, in public debate and in the courts, we will continue fighting for our members and workers right across the country” Mr Dwyer said.
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