Alcwyn Roberts and Peter Collins v Coles Group Supply Chain Pty Ltd t/as Coles

This case concerns an application made by Alcwyn Roberts and Peter Collins against Coles Group Supply Chain Pty Ltd trading as Coles, under the dispute settlement procedure of an enterprise agreement. The applicants sought to challenge the abolition of night shifts at Coles, alleging that the company failed to adequately notify and consult them about the impact of the change. They also argued that they were not given fair consideration for afternoon shifts due to their carer responsibilities. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether Coles breached its obligations to notify and consult with the applicants about the abolition of night shifts. Furthermore, the Commission had to determine whether the selection criteria used for afternoon shifts unfairly disadvantaged the applicants due to their carer responsibilities. The applicants claimed that the lack of consultation and the selection criteria amounted to an unfair dismissal.

The Fair Work Commission found that Coles had not breached its obligation to notify and consult the applicants regarding the abolition of night shifts. The Commission considered that Coles had taken reasonable steps to consult the employees and that the applicants' concerns were addressed during the consultation process. Additionally, the Commission determined that the selection criteria for afternoon shifts had been applied fairly, taking into account the carer responsibilities of the applicants. Consequently, the application was dismissed.

The Fair Work Commission dismissed the application, finding that Coles had fulfilled its obligations under the enterprise agreement and that the selection criteria for afternoon shifts was fair and reasonable. No further orders were made.