| [2022] FWCA 4246 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coles Group Supply Chain Pty Ltd
(AG2022/4687)
Coles Queensland (Forest Lake and Heathwood) Distribution Centre Enterprise Agreement 2022
| Storage services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 2 DECEMBER 2022 |
Application for approval of the Coles Queensland (Forest Lake and Heathwood) Distribution Centre Enterprise Agreement 2022.
Coles Group Supply Chain Pty Ltd (the Employer) has made an application for the approval of the Coles Queensland (Forest Lake and Heathwood) Distribution Centre Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Shop, Distributive and Allied Employees Association (SDA) and the United Workers’ Union (UWU) were bargaining representatives for the Agreement and 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 SDA and the UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 5 August 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518409 PR748546>
Annexure A
- AGLC
- Coles Group Supply Chain Pty Ltd [2022] FWCA 4246
- Case
- [2022] FWCA 4246
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided for the mandatory terms set out in the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission considered the content of the agreement, the process by which it was negotiated, and the compliance with the relevant legislative requirements. The Commission also examined whether the agreement provided appropriate protections and benefits for the employees.
After reviewing the evidence and submissions, the Fair Work Commission determined that the Coles Queensland (Forest Lake and Heathwood) Distribution Centre Enterprise Agreement 2022 was compliant with the statutory requirements. The Commission found that the agreement included all the mandatory terms prescribed by the Fair Work Act, and that it had been negotiated in good faith and without coercion. The Commission also noted that the agreement provided for reasonable protections and benefits for the employees, taking into account the nature of the work and the specific circumstances of the workplace. As a result, the Commission approved the agreement, which will now be legally binding on the parties.
The Fair Work Commission ordered that the Coles Queensland (Forest Lake and Heathwood) Distribution Centre Enterprise Agreement 2022 be approved and registered, and that it would be in effect from the date of the Commission's decision. The Commission also directed that the agreement be published on the Fair Work Commission's website, to ensure transparency and access to the terms of the agreement for all relevant parties.
Orders
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Background
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Evidence
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Decision
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