Coles Group Supply Chain Pty Ltd Summary

[2022] FWCA 3260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coles Group Supply Chain Pty Ltd

(AG2022/3802)

Coles Laverton CDC and UWU Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Coles Laverton CDC and UWU Enterprise Agreement 2022

Coles Group Supply Chain Pty Ltd has made an application for approval of an enterprise agreement known as the Coles Laverton CDC and UWU Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 19 September 2022 and, in accordance with s 54, will operate from 26 September 2022. The nominal expiry date of the Agreement is 30 April 2026.

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 applied for the approval of the Coles Laverton CDC and UWU Enterprise Agreement 2022. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The agreement in question proposed various terms and conditions for employees covered by the Coles Laverton Collective Determination (CDC) and the United Workers Union (UWU) Enterprise Agreement.

The primary legal issue was whether the proposed agreement complied with the statutory requirements under the Fair Work Act, particularly sections concerning the avoidance of industrial action, the facilitation of good faith bargaining, and the protection of employee rights. The court had to consider if the agreement was genuinely negotiated and if it provided adequate safeguards for employees. Additionally, the court examined whether the agreement met the public interest test, ensuring that it would not have adverse effects on the broader economy or public policy.

The Fair Work Commission determined that the agreement was genuinely negotiated and met the statutory requirements for approval. The court found that the proposed terms and conditions were fair and reasonable, providing adequate protections for employees. Furthermore, the Commission concluded that the agreement would not have adverse effects on the broader economy or public policy, satisfying the public interest test. Consequently, the Fair Work Commission approved the Coles Laverton CDC and UWU Enterprise Agreement 2022.

The court's final orders included the approval of the Coles Laverton CDC and UWU Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the CDC and UWU. The court emphasized the importance of genuine negotiation and fair terms in enterprise agreements, highlighting the role of the Commission in ensuring compliance with the Fair Work Act.

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