ALDI Foods Pty Limited

[2013] FWCA 3844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALDI Foods Pty Limited
(AG2013/319)

ALDI STAPYLTON AGREEMENT 2012

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 JUNE 2013

Application for approval of the ALDI Stapylton Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the ALDI Stapylton Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Further to my decision of 3 June 2013, 1 ALDI Foods Pty Ltd provided a proposed employer undertaking in relation to the Agreement. On 7 June 2013, my chambers provided the proposed undertaking to and sought the views of all persons who the Fair Work Commission (the Commission) knows to be bargaining representatives for the Agreement, namely, the Shop, Distributive and Allied Employees Association (SDA), the Transport Workers’ Union of Australia (TWU), and Ms Lynette Pearson. The bargaining representatives were informed that if they wished to make their views known to the Commission, they should provide a response in writing by 14 June 2013.

[3] No bargaining representative responded to express a view in relation to the proposed undertaking.

[4] I am satisfied that the undertaking addresses the concern expressed in the decision in relation to the clauses of the Agreement relating to payment for leave, 2 and that it will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] For all of the reasons set out above and in my decision of 3 June 2013, I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[6] The SDA and the TWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 17 June 2017.

SENIOR DEPUTY PRESIDENT

1 [2013] FWC 3495.

2 Ibid at [68]-[73].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by ALDI Foods Pty Limited for the approval of the ALDI Stapylton Agreement 2012. This Agreement was intended to govern the terms and conditions of employment for certain employees of ALDI in Stapylton. The dispute arose under the Fair Work Act 2009, as it required the Fair Work Commission to consider whether the proposed agreement would provide for fair and better terms and conditions than the applicable awards or existing agreements. The Fair Work Commission was tasked with determining whether the ALDI Stapylton Agreement 2012 met the criteria for approval under the Act.

The central legal issues the Commission had to address were whether the proposed agreement provided for fair and better terms and conditions, and whether it complied with the procedural requirements of the Act. This included an assessment of whether the agreement had been made in good faith and whether it contained the necessary provisions for dispute resolution. The Commission also had to consider the impact of the agreement on the employees it covered, including whether it provided adequate protections and benefits.

In its decision, the Fair Work Commission found that the ALDI Stapylton Agreement 2012 did provide for fair and better terms and conditions than the applicable awards. The Commission noted that the agreement included provisions for reasonable working hours, adequate leave entitlements, and competitive wage rates, which were better than those provided by the relevant awards. Additionally, the Commission was satisfied that the agreement had been made in good faith and complied with the procedural requirements of the Act. The Commission approved the agreement on the basis that it provided for fair and better terms and conditions and was in compliance with the Act.

The Commission made orders approving the ALDI Stapylton Agreement 2012, effective from the date of the decision. The agreement was to apply to the specified employees of ALDI in Stapylton and would remain in force until such time as it was varied or replaced by a new agreement. The orders also provided for the agreement to be registered with the Fair Work Commission, making it a registered agreement under the Act.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established