Association of Western Australia v Samuel Gance (ABN 50 577 312 446) T/A Chemist Warehouse Perth, Pharmacy Guild of Western Australia Organisation of Employers, Minister for Commerce and Industrial Relations
Commissioner Emmanuel
Positively treated
Treatment by later cases (3)
3 neutral
Citation timeline
2019
2021
Applicant: The Shop, Distributive and Allied Employees' Association of Western Australia
Respondent: Samuel Gance (ABN 50 577 312 446) T/A Chemist Warehouse Perth
Ratio
The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 applies to workers employed in the retail pharmacy industry, including those at Chemist Warehouse Perth. The Commission declared that the award's scope extends to the retail pharmacy sector.
Outcome
For applicant
granted
Authority signal
Positively treated
Signal-weighted score: 3.4
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Application sought declaration that the award applies to workers in the retail pharmacy industry
- Respondent operated Chemist Warehouse Perth
- Applicant union sought to establish award coverage of pharmacy retail workers
- First intervener was the Pharmacy Guild of Western Australia Organisation of Employers
- Second intervener was the Minister for Commerce and Industrial Relations
Legislation referenced
- Industrial Relations Act 1979 (WA)
- The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977
Concept tags · 5
Subsequent treatment · 3
Cited / considered· 3
Cited
[2021] WASCA 76
WA Court of Appeal
— THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN...
Cited
[2019] WAIRC 99
WAIRC — Single Commissioner
— Pharmacy Guild of Western Australia Organisation of Employers v The Shop,...
Cited
[2019] WAIRC 889
Industrial Magistrates Court
— Sheryl Reardon v Gaetano Anthony Lagana (ABN 85 867 757 829) T/A Stratton...
Archived text (228 words)
THE SHOP AND WAREHOUSE (WHOLESALE AND RETAIL ESTABLISHMENTS) STATE AWARD 1977
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Shop, Distributive and Allied Employees' Association of Western Australia
APPLICANT
-v-
Samuel Gance (ABN 50 577 312 446) T/A Chemist Warehouse Perth
RESPONDENT
CORAM Commissioner T Emmanuel
DATE MONday, 21 January 2019
FILE NO. APPL 86 OF 2017
CITATION NO. 2019 WAIRC 00016
Result : Declaration made
Representation:
Applicant : Mr D Rafferty (of counsel)
Respondent : Mr N Tindley (of counsel)
First intervener : Mr R Kenzie QC and with him Mr T Dixon (of counsel)
Second intervener : Mr R Andretich (of counsel)
Declaration
HAVING heard Mr D Rafferty (of counsel) on behalf of the applicant, Mr N Tindley (of counsel) on behalf of the respondent, Mr R Kenzie QC and with him Mr T Dixon (of counsel) on behalf of the first intervener and Mr R Andretich (of counsel) on behalf of the second intervener;
AND HAVING given reasons for decision in which the Commission made a declaration;
NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), declares –
THAT The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 as varied applies to workers employed in any calling or callings mentioned in the award in the retail pharmacy industry and to employers employing those workers.
Commissioner T Emmanuel