Coles Group Supply Chain Pty Ltd Summary

[2014] FWCA 7523

FAIR WORK COMMISSION

DECISION

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

Coles Group Supply Chain Pty Ltd
(AG2014/7801)

COLES SMEATON GRANGE (NUW) REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2014

Application for approval of the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coles Smeaton Grange (NUW) Regional Distribution Centre 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] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Coles Group Supply Chain Pty Ltd sought approval for the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2014. The application was before the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute arose as Coles sought to implement changes to the employment conditions of its employees under the proposed agreement, which was intended to replace an existing enterprise agreement.

The central legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically in relation to the direct action provisions, the no-disadvantage test, and the good faith bargaining requirement. The FWC had to determine if the agreement was made in good faith, if it provided for the terms and conditions of employment in a fair and reasonable manner, and if it met the direct action provisions, which ensure that the agreement facilitates direct action between employers and employees.

The FWC found that the proposed enterprise agreement met the requirements of the Act. The Commission was satisfied that the agreement was made in good faith and provided for the terms and conditions of employment in a fair and reasonable manner. The FWC also found that the agreement met the direct action provisions and did not result in any employee being disadvantaged. The FWC approved the Coles Smeaton Grange (NUW) Regional Distribution Centre Enterprise Agreement 2014.

Coles Group Supply Chain Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established