Coles Group Supply Chain Pty Ltd

[2022] FWCA 150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd

(AG2021/9079)

Coles Eastern Creek CDC Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 JANUARY 2022

Application for approval of the Coles Eastern Creek CDC Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Coles Eastern Creek CDC Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers’ Union and the Australasian Meat Industry Employees Union, being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 19 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Coles Group Supply Chain Pty Ltd for approval of the Coles Eastern Creek CDC Enterprise Agreement 2021. The dispute arose from negotiations between the employer and the Coles Eastern Creek Certified Delivery Centre Union, which represents the employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval and registration under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions of employment, whether it was free from prohibited content, and whether it was made in good faith and without coercion. Additionally, the Commission needed to assess if the agreement had been appropriately negotiated and whether the process complied with the provisions of the Act.

The Commission found that the agreement was made in good faith, without coercion, and contained terms and conditions that met the minimum requirements under the Act. The Commission was satisfied that the negotiation process was fair and that the agreement was free from prohibited content. Consequently, the Commission approved the agreement and ordered its registration with the Fair Work Commission. This decision ensures that the terms and conditions set out in the agreement will apply to the employees at the Coles Eastern Creek CDC, providing a framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established