DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2015/3391)

COLES GROUP SUPPLY CHAIN PTY LTD EDINBURGH PARKS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the Coles Group Supply Chain Pty Ltd Edinburgh Parks Distribution Centre Enterprise Agreement 2015.

[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 2015 (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. 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 Shop, Distributive and Allied Employees Association 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 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Coles Group Supply Chain Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Edinburgh Parks Distribution Centre Enterprise Agreement 2015. This agreement was proposed by Coles Group Supply Chain Pty Ltd, a major player in the Australian retail supply chain sector, and was intended to govern the employment terms of workers at their Edinburgh Parks Distribution Centre. The dispute arose as the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA), sought to negotiate terms that they believed would better reflect the current economic climate and the needs of the workforce, while the company argued for terms that would allow them to remain competitive and efficient.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it fairly represented the interests of both the employees and the employer. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions that were no less favourable than the applicable national award or registered agreement, and whether it allowed for genuine collective bargaining. The Commission also had to consider the fairness of the agreement, including whether it was free from coercion, undue influence, and discrimination, and whether it promoted workplace harmony.

The Commission found that the proposed agreement was in line with the statutory requirements and adequately reflected the principles of genuine collective bargaining. The agreement was deemed to provide for fair and reasonable terms and conditions that were no less favourable than the applicable award. The Commission noted that both parties had engaged in good faith negotiations and that the agreement did not contain any elements of coercion or undue influence. Additionally, the Commission was satisfied that the agreement promoted workplace harmony and contained provisions that were beneficial to both the employees and the employer. Consequently, the Commission approved the Edinburgh Parks Distribution Centre Enterprise Agreement 2015.

The final order of the Commission was to approve the Edinburgh Parks Distribution Centre Enterprise Agreement 2015, effective from the date of the decision. This decision not only formalised the terms and conditions of employment for the workers at the Edinburgh Parks Distribution Centre but also set a precedent for future negotiations between Coles Group Supply Chain Pty Ltd and the SDA in relation to other distribution centres. The approval underscored the importance of achieving a balance between the needs of the employees and the operational requirements of the employer, reflecting the Commission's commitment to promoting fair work practices.

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