DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2018/2281)

COLES GROUP SUPPLY CHAIN PTY LTD EDINBURGH PARKS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Coles Group Supply Chain Pty Ltd Edinburgh Parks Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coles Group Supply Chain Pty Ltd Edinburgh Parks Distribution Centre Enterprise Agreement 2018 (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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The National Union of Workers and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 October 2018 and, in accordance with s.54, will operate from 31 October 2018. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd applied for approval of the Coles Group Supply Chain Pty Ltd Edinburgh Parks Distribution Centre Enterprise Agreement 2018, which outlines the terms and conditions of employment for workers at the Edinburgh Parks Distribution Centre. The application was heard in the Fair Work Commission, which is responsible for approving and overseeing enterprise agreements in Australia.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the agreement met all the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including pay rates, leave entitlements, and other benefits. The Commission was satisfied that the agreement was made in good faith and without coercion, and that the process for developing and negotiating the agreement was transparent and inclusive. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act.

The Commission approved the Coles Group Supply Chain Pty Ltd Edinburgh Parks Distribution Centre Enterprise Agreement 2018, which will now apply to all employees covered by the agreement. The approval is effective from the date of the Commission's decision and will remain in force until a new agreement is approved or until the agreement is terminated in accordance with its provisions.

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