DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2021/4149)

COLES SMEATON GRANGE (UWU) REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 26 MARCH 2021

Application for approval of the Coles Smeaton Grange (UWU) Regional Distribution Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coles Smeaton Grange (UWU) Regional Distribution Centre Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coles Group Supply Chain Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 25 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Coles Smeaton Grange (UWU) Regional Distribution Centre Enterprise Agreement 2020. The application was made by the employer pursuant to section 233 of the Fair Work Act 2009, seeking to have the agreement registered with the Fair Work Commission. The Australian Council of Trade Unions, representing the employees, did not oppose the application. The dispute before the Commission was whether the agreement met the requirements of the Fair Work Act to be approved and registered.

The Commission considered whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement in a manner that was consistent with the provisions of the Fair Work Act. The Commission noted that the agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement met the requirements for good faith bargaining, and whether it provided for the protection of employees' rights and interests.

The Commission found that the agreement met the requirements of the Fair Work Act to be approved and registered. The Commission noted that the agreement provided for a range of terms and conditions that were consistent with the provisions of the Act, and that the agreement had been the product of good faith bargaining between the employer and the employees' representative. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it did not contain any terms that were contrary to public policy or that would undermine the provisions of the Act.

The Commission approved the Coles Smeaton Grange (UWU) Regional Distribution Centre Enterprise Agreement 2020, and registered it with the Fair Work Commission. The employer and the employees' representative were directed to take all reasonable steps to give effect to the agreement.

Coles Group Supply Chain Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established