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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CaseChat Overview and Summary

In the case of ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) T/A ALDI Stores, the Federal Court was presented with an application for approval of the ALDI Jandakot Agreement 2020. The applicant, ALDI, sought to approve the agreement that had been entered into with the Retail and Fast Food Workers Union of WA Inc., which would govern the employment conditions of its employees at the Jandakot store. The dispute centred on whether the agreement met the necessary legal standards and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement was a "single-employer" agreement, as required by section 234 of the Fair Work Act 2009, and whether it provided for a fair and equitable resolution of the employment issues between the parties. Additionally, the court had to consider whether the agreement complied with the provisions of the Fair Work Regulations 2009, specifically those relating to the disclosure of information and the process for approving such agreements.

In reaching its decision, the court examined the provisions of the agreement and the process through which it was negotiated and agreed upon. The court noted that the agreement was indeed a single-employer agreement and was made in good faith between the parties. The court also found that the agreement provided for a fair and equitable resolution of the employment issues and that it complied with all relevant legal requirements. The court was satisfied that the agreement was in the best interests of the employees, as it provided for a comprehensive and balanced set of employment conditions. Based on these findings, the court approved the ALDI Jandakot Agreement 2020.

The court's approval of the ALDI Jandakot Agreement 2020 ensures that the agreement will now govern the employment conditions of ALDI employees at the Jandakot store. This decision provides certainty and stability for both the employer and employees, and it allows the parties to focus on their mutual objectives of providing quality products and services to customers. The court's approval is a testament to the effectiveness of the agreement in addressing the needs and interests of all parties involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established