Coles Group Supply Chain Pty Ltd

[2021] FWCA 7134

[2021] FWCA 7134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2021/8724)

COLES EDINBURGH PARKS DISTRIBUTION CENTRE & SDA ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER PLATT	ADELAIDE, 15 DECEMBER 2021

Application for approval of the Coles Edinburgh Parks Distribution Centre & SDA Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Coles Edinburgh Parks Distribution Centre & SDA Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coles Group Supply Chain Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 December 2021.

[3] On 14 December 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 December 2021. The undertaking provides the penalty rates for time worked on a Saturday from the date the Agreement comes into operation until 28 March 2022. These rates can be found in the undertakings attached to the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not oppose the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Shop, Distributive and Allied Employees Association (SDA) and the United Workers’ Union (UWU) 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 that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act and cl.3 of the Agreement will operate from 31 January 2022. The nominal expiry date is 30 June 2024.

COMMISSIONER

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