DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2020/24)

COLES GOULBURN (UWU) DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

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COMMISSIONER CIRKOVIC	MELBOURNE, 20 FEBRUARY 2020

Application for approval of the Coles Goulburn (UWU) Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coles Goulburn (UWU) Distribution Centre Enterprise Agreement 2019 (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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 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 was approved on 20 February 2020 and, in accordance with s.54, will operate from 27 February 2020. The nominal expiry date of the Agreement is 7 June 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The applicant, Coles Group Supply Chain Pty Ltd, sought approval for the Coles Goulburn (UWU) Distribution Centre Enterprise Agreement 2019, under section 179 of the Fair Work Act 2009. The dispute arose between the applicant and the employees covered by the agreement, who were represented by the Retail and Fast Food Workers Union. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the "better off overall test" and whether it contained terms that were contrary to the Act or the public interest. The Commission also had to consider whether the agreement had been made in accordance with the procedural requirements of the Act.

The Commission found that the proposed enterprise agreement met the better off overall test and did not contain any terms that were contrary to the Act or the public interest. The Commission also found that the agreement had been made in accordance with the procedural requirements of the Act. In reaching its decision, the Commission considered the evidence presented by both parties and took into account the principles of enterprise bargaining set out in the Fair Work Act.

As a result of the Commission's decision, the Coles Goulburn (UWU) Distribution Centre Enterprise Agreement 2019 was approved and will come into effect on 1 April 2020. The approval of the agreement provides certainty and stability for the employees covered by the agreement and ensures that they are protected by the terms of the agreement. The decision also provides guidance for future enterprise bargaining between the parties.

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