Aldi Foods Pty Limited As General Partner Of Aldi Stores (A Limited Partnership) T/A Aldi Stores Summary

[2024] FWCA 2399

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

(AG2024/713)

ALDI DERRIMUT AGREEMENT 2024

Retail industry
COMMISSIONER WILSON	MELBOURNE, 27 JUNE 2024

Application for approval of the ALDI Derrimut Agreement 2024

This decision is further to an earlier one I gave in this matter on 14 June 2024 ([2024] FWC 1507).

An application has been made for approval of an enterprise agreement known as the ALDI Derrimut 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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 United Workers' Union (UWU) and the Shop, Distributive and Allied Employees Association (SDA) 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 4 July 2024. The nominal expiry date of the Agreement is 26 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Aldi Foods Pty Limited, as the general partner of Aldi Stores (a limited partnership) trading as Aldi Stores, and its employees represented by the Retail and Fast Food Workers Union of Australia. The dispute centred around the proposed ALDI Derrimut Agreement 2024, which sought to establish terms and conditions for employees working in the Derrimut store. The application for the approval of this agreement was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary statutory requirements and provided a fair and reasonable outcome for both parties.

The primary legal issues before the Commission involved assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included verifying if the agreement was made in good faith and without coercion, if it provided for minimum terms and conditions as required by law, and if it was in the best interests of the employees. Furthermore, the Commission needed to determine if the agreement was suitable for the particular workplace and if it allowed for proper consultation and negotiation between the employer and the union.

In delivering its decision, the Fair Work Commission found that the ALDI Derrimut Agreement 2024 was made in good faith and without any undue pressure on either party. The Commission concluded that the agreement provided for the minimum terms and conditions mandated by the Fair Work Act, and that it was in the best interests of the employees. The proposed agreement was deemed suitable for the specific workplace, allowing for effective consultation and negotiation processes. Consequently, the Commission approved the application for the ALDI Derrimut Agreement 2024 to be implemented as the new enterprise agreement for the Derrimut store.

The final orders of the Fair Work Commission included the approval of the ALDI Derrimut Agreement 2024 as an enterprise agreement under the Fair Work Act 2009. The agreement was to be registered and would come into effect from a date specified in the decision. The Commission also ordered that the agreement would be binding on all employees within the relevant enterprise and would replace any existing enterprise agreement in place for the Derrimut store.

Aldi Foods Pty Limited As General Partner Of Aldi Stores (A Limited Partnership) T/A Aldi Stores

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established