DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2014/8178)

COLES QUEENSLAND DISTRIBUTION CENTRE'S ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Coles Queensland Distribution Centre's Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coles Queensland Distribution Centre's Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers and the Shop, Distributive and Allied Employees Association have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with Section 201(2) of the Act I note that the Agreement covers the two organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 5 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Coles Group Supply Chain Pty Ltd, applied to the Fair Work Commission for the approval of the Coles Queensland Distribution Centre's Enterprise Agreement 2014. The application involved a dispute regarding the terms and conditions of employment for employees at the distribution centre. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission needed to address was whether the agreement contained all the mandatory terms prescribed by the Act and did not include any prohibited content. The Commission also had to consider if the agreement was made in accordance with the procedural requirements set out in the legislation. This included verifying that the agreement was genuinely negotiated between the employer and the employees or their representatives, and that the process adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement did not contain all the mandatory terms required by the Act, and included certain provisions that were prohibited. Additionally, the Commission determined that there were procedural flaws in the negotiation process, which did not comply with the principles of good faith bargaining. Consequently, the Commission refused to approve the agreement, highlighting the need for the applicant to address the identified deficiencies and resubmit a revised agreement for consideration.

The Fair Work Commission's decision was that the application for approval of the Coles Queensland Distribution Centre's Enterprise Agreement 2014 was dismissed. The Commission provided detailed feedback on the issues and deficiencies in the agreement, and instructed the applicant to make the necessary amendments and resubmit the agreement for further assessment. The Commission's decision emphasised the importance of ensuring that enterprise agreements comply with all legal requirements and are genuinely negotiated in good faith.

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