Coles Group Supply Chain Pty Ltd Summary

[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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CaseChat Overview and Summary

The matter involved an application for the approval of the Coles Edinburgh Parks Distribution Centre & SDA Enterprise Agreement 2021. The applicant, Coles Group Supply Chain Pty Ltd, sought approval from the Fair Work Commission (FWC) under the Fair Work Act 2009. The application pertained to a proposed enterprise agreement affecting the employees of Coles Group Supply Chain Pty Ltd at the Edinburgh Parks Distribution Centre, who are represented by the Shop, Distributive and Allied Employees Association (SDA).

The primary legal issues before the FWC were whether the proposed enterprise agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This required the FWC to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and other benefits, for the employees covered by it. Additionally, the FWC had to assess if the agreement adhered to the provisions of the Act, including the requirement for employee and employer representatives to be involved in the negotiation process.

The FWC carefully examined the provisions of the proposed enterprise agreement, taking into account the submissions from both Coles Group Supply Chain Pty Ltd and the SDA. The Commission found that the agreement was fair and reasonable, as it provided for terms and conditions that were consistent with industry benchmarks and reflected the economic circumstances of the parties. Furthermore, the FWC concluded that the agreement had been negotiated in good faith and that all necessary procedural requirements had been met. Consequently, the FWC approved the Coles Edinburgh Parks Distribution Centre & SDA Enterprise Agreement 2021.

The final orders of the FWC were that the Coles Edinburgh Parks Distribution Centre & SDA Enterprise Agreement 2021 be approved, effective from 1 September 2021. The agreement was to be registered by the FWC and would then bind all employees and employers covered by it. The approval marked the formal acceptance of the terms and conditions outlined in the agreement, ensuring that the rights and obligations of the parties were legally enforceable.

Coles Group Supply Chain Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established