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

[2020] FWCA 6417

[2020] FWCA 6417

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
(AG2020/3011)

ALDI PRESTONS AGREEMENT 2020

Retail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 1 DECEMBER 2020

Application for approval of the ALDI Prestons Agreement 2020.

[1] Aldi Stores has applied for approval of a single enterprise agreement known as the ALDI Prestons Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided by Aldi Stores in relation to these concerns and the bargaining representatives were afforded the opportunity to respond.

[3] Aldi Stores applied to waive a an irregularity in the form or manner in which the application was made pursuant to s.586(b) of the Act because the original application did not include a signature of at least one representative of the employees covered by the Agreement in accordance with s.185(5) of the Act and Regulation 2.06A. Amended signature pages were subsequently filed along with reasons for the irregularity. In the circumstances, I am satisfied that the waiver should be granted and do so pursuant to s.586(b) of the Act.

[4] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the amended application, related materials, further information provided by Aldi Stores and taking into account the views of the bargaining representatives where provided, 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.

[7] The Shop, Distributive and Allied Employees Association and the Transport Workers' Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 1 December 2020 and, in accordance with s.54, will operate from 8 December 2020. The nominal expiry date of the Agreement is 1 December 2024.

[9] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509659 PR724980>

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.