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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Coles Group Supply Chain Pty Ltd applied for the approval of the Coles Parkinson Collective Delivery Centre (CDC) and United Workers Union (UWU) Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms of the enterprise agreement which sought to cover the employment conditions of employees at Coles Parkinson CDC.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of the process by which the agreement was reached and whether it appropriately balanced the interests of both employers and employees. Additionally, the court needed to consider whether the agreement provided for a safety net of minimum entitlements and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement had been made in good faith and was not contrary to public policy. The Commission also determined that the agreement met the requirements of the Act, including providing for a safety net of minimum entitlements and balancing the interests of both parties. Consequently, the court approved the enterprise agreement, recognising its compliance with the legislative framework.

As a result of the court's approval, the Coles Parkinson CDC and UWU Enterprise Agreement 2020 is now in effect, governing the employment conditions of the relevant employees. The decision underscores the importance of adhering to the statutory requirements when negotiating and approving enterprise agreements to ensure they are fair and lawful.

Coles Group Supply Chain Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established