ALDI Foods Pty Ltd

[2013] FWCA 3837

[2013] FWCA 3837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALDI Foods Pty Ltd
(AG2013/307)

ALDI MINCHINBURY AGREEMENT 2012

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 JUNE 2013

Application for approval of the ALDI Minchinbury Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the ALDI Minchinbury Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Further to my decision of 3 June 2013, 1 ALDI Foods Pty Ltd provided a proposed employer undertaking in relation to the Agreement. On 7 June 2013, my chambers provided the proposed undertaking to and sought the views of all persons who the Fair Work Commission (the Commission) knows to be bargaining representatives for the Agreement, namely, the Shop, Distributive and Allied Employees Association (SDA), the Transport Workers’ Union of Australia (TWU), and the National Union of Workers (NUW). The bargaining representatives were informed that if they wished to make their views known to the Commission, they should provide a response in writing by 14 June 2013.

[3] The only bargaining representative to respond was the TWU, which does not object to the proposed undertaking.

[4] I am satisfied that the undertaking addresses the concern expressed in the decision in relation to the clauses of the Agreement relating to payment for leave, 2 and that it will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] For all of the reasons set out above and in my decision of 3 June 2013, I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[6] The SDA, the TWU and the NUW, 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) of the Act, I note the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 30 March 2016.

SENIOR DEPUTY PRESIDENT

 1   [2013] FWC 3495.

 2   Ibid at [68]-[73].

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