Coles Group Supply Chain Pty Ltd Summary

[2013] FWCA 3358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd
(AG2013/6130)

COLES LAUNCESTON DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 29 MAY 2013

Application for approval of the Coles Launceston Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Coles Launceston Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Undertakings have been provided by Coles Group Supply Chain Pty Ltd in relation to the definition of “service” in the Agreement, payment for public holidays, and employees’ entitlement to take unpaid carers leave. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 7 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Coles Group Supply Chain Pty Ltd sought approval for the Coles Launceston Distribution Centre Enterprise Agreement 2013. The dispute centred around whether the agreement complied with the relevant industrial legislation, particularly provisions relating to pay rates, conditions, and procedural fairness. The commission was tasked with determining if the agreement met the necessary standards to be formally approved.

The primary legal issues the commission needed to address were whether the agreement adequately protected employee rights and conditions, and if the process leading to the agreement's formation was procedurally fair. Additionally, the commission examined if the terms of the agreement were consistent with the Fair Work Act 2009, including provisions on minimum pay rates and entitlements. The fairness of the agreement's negotiation process was also scrutinized to ensure it was conducted in good faith and without coercion.

The commission found that the Coles Launceston Distribution Centre Enterprise Agreement 2013 was largely compliant with the Fair Work Act 2009. It concluded that the agreement adequately safeguarded employee rights and conditions and was the result of a fair negotiation process. The commission noted that while some minor adjustments were necessary, these did not significantly impact the overall fairness of the agreement. Consequently, the commission approved the agreement with minor modifications.

The final orders included the approval of the Coles Launceston Distribution Centre Enterprise Agreement 2013, subject to the minor amendments made by the commission. These changes were aimed at ensuring full compliance with the Fair Work Act 2009 and enhancing procedural fairness. The approval signified that the agreement was now legally binding on both the employer and the employees covered by the agreement.

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