Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) T/A Aldi Stores
[2024] FWCA 2438
•1 JULY 2024
| [2024] FWCA 2438 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) T/A Aldi Stores
(AG2024/1941)
ALDI MINCHINBURY AGREEMENT 2024
| Retail industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 JULY 2024 |
Application for approval of the ALDI Minchinbury Agreement 2024.
An application has been made for approval of an enterprise agreement known as the ALDI Minchinbury Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) T/A Aldi Stores. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 November 2023 and the Agreement was made on 20 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The notice of employee representational rights (NERR) provided to employees was based on an old version of the NERR template. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Shop, Distributive and Allied Employees Association and the Transport Workers’ Union of Australia 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) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2024. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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