Coles Group Supply Chain Pty Ltd

[2021] FWCA 186

[2021] FWCA 186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2020/3643)

COLES PARKINSON CDC AND UWU ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 JANUARY 2021

Application for approval of the Coles Parkinson CDC and UWU Enterprise Agreement 2020.

[1] Coles Group Supply Chain Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coles Parkinson CDC and UWU Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 17.1.5, 18.2, 33.3 and 39.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement and the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union and the Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 18 January 2021 and, in accordance with s 54, will operate from 25 January 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

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Annexure A