DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2019/1557)

COLES LAVERTON CDC AND NUW ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Coles Laverton CDC and NUW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coles Laverton CDC and NUW 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] 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 National Union of Workers (NUW) 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 3 June 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd applied to the Fair Work Commission for approval of the Coles Laverton CDC and NUW Enterprise Agreement 2019. The applicant sought to have the agreement registered with the Fair Work Commission, ensuring that it complied with the requirements of the Fair Work Act 2009. The application was made by Coles Group Supply Chain Pty Ltd, and the dispute was brought before the Fair Work Commission. The legal issues the court was required to decide centred on whether the agreement was fair and appropriate for registration under the Fair Work Act. This involved examining whether the agreement complied with various statutory criteria, including provisions regarding bargaining, the terms and conditions it contained, and its overall fairness to both employers and employees. The court also had to consider whether the agreement had been made in good faith and whether it met the specific requirements set out in the Fair Work Act.

The Fair Work Commission carefully reviewed the application and the agreement, assessing it against the statutory criteria. The Commission noted that the agreement had been made after genuine and meaningful bargaining between the parties. It found that the terms and conditions were fair and reasonable, taking into account the nature of the work, the bargaining power of the parties, and the overall economic context. The Commission also determined that the agreement met all the requirements for registration under the Fair Work Act. Having satisfied itself that the agreement complied with all necessary statutory provisions and was fair and appropriate, the Commission approved the application and registered the Coles Laverton CDC and NUW Enterprise Agreement 2019. This decision ensured that the agreement would be legally binding and enforceable under the Fair Work Act.

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