ALDI Food Stores Pty Limited as General Partner of ALDI Stores (A Limited Partnership T/A ALDI Stores

[2020] FWCA 2913

[2020] FWCA 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALDI Food Stores Pty Limited as General Partner of ALDI Stores (A Limited Partnership T/A ALDI Stores
(AG2020/912)

ALDI BRENDALE ENTERPRISE AGREEMENT 2020

Retail industry
COMMISSIONER SIMPSON	BRISBANE, 4 JUNE 2020

Application for approval of the ALDI Brendale Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ALDI Brendale Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALDI Food Stores Pty Limited as General Partner of ALDI Stores A Limited Partnership T/A ALDI Stores (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I have had regard to the responses from the Shop Distributive and Allied Employees Association and the extensive submissions from the Applicant and am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the it wants the Agreement to cover it.

[5] The Shop Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration stating it did not wish to advise the Commission if it supports approval of the Agreement. The SDA gave notice under s.183 of the Act that the it wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and the SDA.

[7] Clause 4.1 states that the Agreement will commence in the first pay period occurring 7 days after approval or on 1 June 2020, whichever is later. It is noted the Agreement will come into operation 7 days after approval, as required by s54 of the Act.

[8] Further, the Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act and the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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