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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALDI Food Stores Pty Limited as General Partner of ALDI Stores (a limited partnership trading as ALDI Stores) sought approval of the ALDI Brendale Agreement 2020 from the Fair Work Commission. The application related to a proposed enterprise agreement which would apply to approximately 100 employees at the Brendale store in Queensland. The primary issues for the Commission were whether the agreement met the statutory requirements for an enterprise agreement, including that it provided for a good faith bargaining process and was in the best interests of the employees.

The Commission considered the evidence presented by both parties and the statutory criteria set out in the Fair Work Act. The application was contested by the Retail and Fast Food Workers Union (Victorian Division), which argued that the proposed agreement did not adequately protect employee interests, particularly in relation to shift patterns and penalty rates. The Commission examined the nature of the bargaining process and the terms of the agreement, including the provisions on working conditions, pay, and other employment matters. It was noted that the agreement provided for a fair and efficient bargaining process, and that the terms offered were in the best interests of the employees, taking into account the economic climate and the need for a sustainable business model.

After considering the arguments and the evidence, the Commission approved the ALDI Brendale Agreement 2020, finding that it met the statutory requirements and was in the best interests of the employees. The Commission acknowledged the need for flexibility in the retail industry and the importance of maintaining a viable business for the employer. The decision highlighted the importance of a good faith bargaining process and the role of the Commission in ensuring that enterprise agreements are fair and equitable for all parties involved.

The Fair Work Commission approved the ALDI Brendale Agreement 2020, effective from 1 April 2020. The agreement sets out the terms and conditions of employment for approximately 100 employees at the Brendale store in Queensland, including provisions on pay, working conditions, and other employment matters. The Commission's decision recognises the importance of a fair and efficient bargaining process and the need for enterprise agreements to be in the best interests of the employees, while also taking into account the economic realities of the retail industry.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established