DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2017/6080)

COLES SMEATON GRANGE (NUW) REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2017

Application for approval of the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2017.

[1] On 7 December 2017, Coles Group Supply Chain Pty Ltd(Applicant) made an application for approval of the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 December 2017. The nominal expiry date of the Agreement is
31 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Coles Group Supply Chain Pty Ltd applied for the approval of the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2017, which was made between the company and the Transport Workers Union of Australia. The application was made to the Fair Work Commission (FWC) which was required to decide if the agreement met the requirements under the Fair Work Act 2009. The key legal issues before the FWC were whether the agreement was a genuine enterprise agreement and whether it complied with the procedural and substantive requirements of the Act.

The FWC determined that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and involved genuine consultation between the parties. The FWC also found that the agreement met the procedural requirements of the Act, including the appropriate bargaining period and the provision of relevant documents to the parties. The FWC further concluded that the agreement met the substantive requirements of the Act, including the provisions regarding minimum wages and conditions, and did not have any adverse effects on the broader industrial relations system. The FWC approved the agreement, finding it to be in the interests of the employees and the employer.

The FWC’s decision was based on the evidence presented by both parties, which demonstrated that the agreement was negotiated in good faith and that the parties had engaged in genuine consultation. The FWC also considered the provisions of the agreement and found that they were not contrary to the public interest or the broader industrial relations system. The FWC’s approval of the agreement was based on a careful consideration of the evidence and the legal requirements under the Act. The decision provides guidance to other employers and unions in relation to the negotiation and approval of enterprise agreements.

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