Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) trading as Aldi Stores Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings were between Aldi Foods Pty Limited, trading as Aldi Stores, and the City of Onkaparinga Council. The matter before the court involved an application for the approval of a planning agreement, known as the Aldi Regency Park Agreement 2025. The application was lodged by Aldi Stores in relation to a proposed retail development at Regency Park. The City of Onkaparinga Council had concerns regarding the development, leading to a dispute over the terms and conditions of the proposed agreement.

The primary legal issues that the court needed to address were whether the proposed Aldi Regency Park Agreement 2025 was in the public interest and if it complied with the planning and development laws of South Australia. The court also had to consider whether the agreement provided sufficient benefits to the community and whether it appropriately balanced the interests of Aldi Stores with those of the City of Onkaparinga Council and the public.

In determining the approval of the Aldi Regency Park Agreement 2025, the court carefully examined the terms of the agreement and assessed their alignment with the objectives of the planning and development laws. The court considered the public interest aspects, including the potential economic benefits, community impact, and compliance with planning policies. The court found that the agreement, as presented, adequately addressed the concerns of the City of Onkaparinga Council and provided sufficient public benefits. The court concluded that the proposed development would contribute positively to the local economy and community, and therefore, approved the Aldi Regency Park Agreement 2025.

The final orders of the court were that the Aldi Regency Park Agreement 2025 was approved, subject to the terms and conditions outlined in the agreement. The approval granted Aldi Stores the necessary permissions to proceed with the retail development at Regency Park, provided they adhered to the stipulated conditions in the agreement.

Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) trading as Aldi Stores

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established