Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) trading as Aldi Stores
[2025] FWCA 2894
•28 AUGUST 2025
| [2025] FWCA 2894 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) trading as Aldi Stores
(AG2025/1168)
ALDI REGENCY PARK AGREEMENT 2025
| Retail industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 28 AUGUST 2025 |
Application for approval of the ALDI Regency Park Agreement 2025
An application has been made for approval of an enterprise agreement known as the ALDI Regency Park Agreement 2025 (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) trading as Aldi Stores (the Applicant). The Agreement is a single enterprise agreement.
I note that the Notice of Employee Representational Rights (NERR) issued to employees at the commencement of bargaining was in the form prescribed prior to the commencement of the amendments to s.173 of the Act made by the Fair Work Legislation (Secure Jobs, Better Pay) Act 2022 on 6 June 2023. I have also noted that there is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the NERR. The discrepancy is the reference to the year in the title of the Agreement. Having regard to the submissions of the Applicant, I am satisfied that these are minor technical errors and that the employees were not likely to have been disadvantaged by the errors. Accordingly, I will disregard the errors under s.188(5) of the Act.
On the basis of the material filed in support of the application I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7 of the Agreement provides that the Agreement is to be read in conjunction with the National Employment Standards (NES). Wherever the Agreement provides a superior entitlement to the NES, the Agreement entitlement will apply in satisfaction of, and not in addition to, the corresponding NES entitlement. If there is any conflict with the NES and this Agreement, the NES will apply as a minimum. This clause addresses any residual concerns in relation to any potential inconsistencies between the terms of the agreement including for example, clauses 30.5 and 37.5, and the NES.
The Shop, Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 August 2029.
DEPUTY PRESIDENT
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