Application by Vickers

Ms Penelope Vickers applied to the Fair Work Commission to terminate the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011. The application was opposed by Coles, the Shop, Distributive and Allied Employees Association and the Australian Workers’ Union. The matter was heard by a Full Bench of the Commission, which had to determine whether the application should be referred to a Full Bench and if the agreement should be terminated.

The legal issues before the Court were whether the application should be referred to a Full Bench and if so, whether the Coles agreement should be terminated. The Full Bench found that the application should be referred to a Full Bench for hearing and determination, as it involved significant issues of public interest and complexity. The Full Bench then considered the merits of the application to terminate the agreement, examining the evidence and arguments presented by the parties. The Full Bench found that the application should be granted, and the Coles agreement should be terminated.

In reaching its decision, the Full Bench considered the evidence and arguments presented by the parties, including the impact of the agreement on employees and the broader community. The Full Bench found that the agreement was no longer appropriate in light of changed circumstances, and that terminating the agreement was in the best interests of the parties and the public. The Full Bench also considered the potential consequences of terminating the agreement, including the impact on employees and the availability of alternative dispute resolution mechanisms. Ultimately, the Full Bench found that the benefits of terminating the agreement outweighed the potential drawbacks, and that termination was in the best interests of all parties involved.

The Full Bench ordered that the Coles agreement be terminated, effective from the date of the decision. The Full Bench also made orders relating to the payment of outstanding wages and other entitlements to employees, as well as the establishment of a transitional period during which certain provisions of the agreement would continue to apply. The Full Bench emphasised the importance of protecting the rights and interests of employees during the transition period, and directed the parties to work together to ensure a smooth and orderly transition. Overall, the decision represents an important outcome for Ms Vickers and the broader community, and highlights the role of the Fair Work Commission in resolving complex industrial disputes.