ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) T/A Aldi Stores

[2015] FWCA 4363

[2015] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) T/A Aldi Stores
(AG2015/1077)

ALDI BRENDALE AGREEMENT 2015

Retail industry
COMMISSIONER BULL	SYDNEY, 29 JUNE 2015

Application for approval of the ALDI Brendale Agreement 2015.

[1] An application has been made for the approval of an enterprise agreement known as the ALDI Brendale Agreement 2015 (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. The Shop Distributive and Allied Employees’ Association (SDA) was a union bargaining representative involved in the agreement making process.

[2] The Fair Work Commission (the Commission) wrote to the applicant, the applicant’s legal representative - Ms McNaughton, and the SDA on 23 June 2015 with respect to the nominal expiry date and the consultation term of the Agreement.

[3] Correspondence was received from Ms McNaughton on 26 June 2015.

Nominal Expiry Date

[4] The nominal expiry date of the Agreement specified at cl. 4 of the Agreement is 4 years after the date of commencement of the Agreement. Pursuant to s.186(5) of the Act, the nominal expiry date of an agreement must not be more than 4 years from the date of approval.

Undertaking

[5] At the request of the Commission, the applicant has provided an undertaking amending the nominal expiry date to be 4 years from the date of approval.

Consultation Term

[6] With respect to the consultation term contained in cl.31 of the Agreement- Consultation, the Commission noted to the applicant the criteria to be satisfied under s.205 of the Act, and that in particular the requirement for a consultation term which requires the employer to consult employees with regard to a change of employees regular roster or ordinary hours of work.

Undertaking

[7] The applicant has provided an undertaking which inserts the required consultation provision of the employer’s obligation to consult employees with regard to a change of an employee’s regular roster or ordinary hours of work. The undertaking satisfies the criteria as per s.205 of the Act.

[8] The undertakings are not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertakings do not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The SDA being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it and supports the approval of the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[11] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 6 July 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

[12] This decision and undertakings should be brought to the attention of employees covered by the Agreement by the applicant.

COMMISSIONER

Annexure A

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