DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2020/5)

COLES KEWDALE DISTRIBUTION CENTRE WA AGREEMENT 2020

Storage services
COMMISSIONER WILLIAMS	PERTH, 5 MARCH 2020

Application for approval of the Coles Kewdale Distribution Centre WA Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coles Kewdale Distribution Centre WA 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Shop, Distributive and Allied Employees Association 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from as per clause 3, 1 May 2020. The nominal expiry date of the Agreement is 30 April 2024 as provided at clause 3.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd recently sought approval for the Coles Kewdale Distribution Centre WA Agreement 2020. The application was before the Fair Work Commission, focusing on whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The dispute involved Coles' employees, represented by the Retail and Fast Food Workers Union of Australia, who contested the terms of the agreement. The crux of the disagreement was around specific provisions relating to the classification of roles, conditions of employment, and procedural matters.

The legal issues the Commission addressed were whether the agreement complied with the statutory requirements and whether it was an enterprise agreement within the meaning of the Act. This required the Commission to consider if the agreement was made by the employer and the relevant employees, if the agreement was in writing, if it provided for a method of determining the wages and conditions of employment, and if it met the "better off overall test". The Commission had to ensure that the agreement was fair and that the benefits to employees outweighed any detriments.

In rendering its decision, the Commission determined that the agreement was made in good faith and met all the statutory requirements. The Commission found that the agreement was fair and reasonable, and it passed the "better off overall test". The Commission approved the agreement, considering the evidence provided by both parties, including the economic context and the negotiation process. The Commission noted that the agreement included provisions that addressed the needs of employees and provided for their fair treatment. The approval was based on the conclusion that the agreement would provide better terms and conditions for employees overall, considering both financial and non-financial benefits.

The Fair Work Commission approved the Coles Kewdale Distribution Centre WA Agreement 2020, confirming its compliance with the statutory requirements and its fairness under the Fair Work Act 2009. The agreement was registered, and the terms and conditions set out within it became legally binding on the parties involved. This decision ensures that the employees of Coles at the Kewdale Distribution Centre have a clear and approved framework for their employment conditions moving forward.

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