DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2017/3862)

COLES PARKINSON CDC AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER WILSON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Coles Parkinson CDC and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coles Parkinson CDC and National Union of Workers Enterprise Agreement 2017 (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 Applicant 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, 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 Shop, Distributive and Allied Employees Association and the National Union of Workers 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd applied to the Fair Work Commission for the approval of the Coles Parkinson CDC and National Union of Workers Enterprise Agreement 2017. The dispute arose as the parties sought to resolve the terms of employment for certain employees under the enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions for minimum wages, leave entitlements, and the process for resolving disputes. The key issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the statutory requirements for approval.

The Commission considered the submissions from both parties and examined the provisions of the enterprise agreement. It assessed whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and leave entitlements, and whether it complied with the statutory requirements for approval. The Commission noted that the agreement contained provisions that aligned with the minimum standards set out in the relevant awards and the Fair Work Act. Additionally, the agreement included mechanisms for resolving disputes, which were deemed to be adequate. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements for approval.

Having found that the agreement met the necessary criteria, the Commission approved the Coles Parkinson CDC and National Union of Workers Enterprise Agreement 2017. The approval was effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would apply to the employees covered by it. This decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment under the approved enterprise agreement.

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