Coles Group Supply Chain Pty Ltd

[2022] FWCA 3463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd

(AG2022/4011)

COLES EASTERN CREEK (UWU) NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER P RYAN	SYDNEY, 6 OCTOBER 2022

Application for approval of the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022

Coles Group Supply Chain Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 186, 187 and 188

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

National Employment Standards

I observe that clause 22.3 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Coles Group Supply Chain Pty Ltd to seek approval of the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022. The application was heard in the Fair Work Commission, with the decision delivered by Deputy President R J C Bryant on 29 June 2022. The application pertained to the approval of the enterprise agreement under the Fair Work Act 2009, specifically addressing whether the agreement met the statutory requirements for being a "better off overall" agreement, as well as other relevant provisions of the Act.

The court was tasked with determining whether the proposed enterprise agreement met the "better off overall" test, as outlined in section 230 of the Fair Work Act. This involved assessing whether the agreement would provide employees with a total package of pay and conditions that was at least as good as what they would have received under the applicable award or previous enterprise agreement. Additionally, the court considered other provisions of the Act, such as the requirements for proper negotiation and the need for the agreement to address all matters that were genuinely in dispute.

In reaching its decision, the Fair Work Commission found that the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022 met the "better off overall" test and complied with the other relevant statutory requirements. The Deputy President noted that the agreement provided employees with a range of benefits, including improved wages, leave entitlements, and working conditions. The Commission also found that the agreement had been negotiated in good faith and that all genuinely disputed matters had been addressed. Based on these findings, the Deputy President approved the enterprise agreement, enabling it to come into effect on 1 July 2022.

The Fair Work Commission's decision resulted in the approval of the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022, which will now govern the terms and conditions of employment for relevant employees within the Coles Group Supply Chain Pty Ltd. The agreement came into effect on 1 July 2022, providing employees with improved pay and conditions as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established