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

[2021] FWCA 713

[2021] FWCA 713

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
(AG2020/4145)

ALDI JANDAKOT AGREEMENT 2020

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the ALDI Jandakot Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ALDI Jandakot 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 Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) T/A ALDI Stores. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and the related materials filed, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 29.4(a) and clause 42 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, I note clause 7 of the Agreement (How this Agreement interacts with the NES) provides that where there is any conflict with the NES and the Agreement, the NES will apply as a minimum. I am therefore satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association (SDAEA) and Transport Workers’ Union of Australia (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) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 11 February 2021 and, in accordance with s.54, will operate from 18 February 2021. The nominal expiry date of the Agreement is 10 February 2025.

COMMISSIONER

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