Coles Group Supply Chain Pty Ltd Summary

[2022] FWCA 1138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd

(AG2022/645)

Coles Launceston Distribution Centre Enterprise Agreement 2022

Retail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 APRIL 2022

Application for approval of the Coles Launceston Distribution Centre Enterprise Agreement 2022

Coles Group Supply Chain Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coles Launceston Distribution Centre Enterprise Agreement 2022 (the Agreement) pursuant to 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, the additional information provided by the Employer and having heard from the parties, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 April 2022 and, in accordance with s 54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 7 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Coles Group Supply Chain Pty Ltd, sought approval of an enterprise agreement. The respondent, the Shop, Distributive and Allied Employees Association (SDA), objected to the approval on the grounds that the agreement failed to meet certain legislative requirements. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in section 232 of the Act. Specifically, the Commission had to examine whether the agreement provided for the proper management of the workplace, the protection of employees' rights, and compliance with the procedural fairness requirements. The SDA contended that the agreement did not adequately address these aspects, particularly in relation to the provisions governing shift patterns and rostering.

The Commission considered the provisions of the agreement and the submissions from both parties. It found that, while there were some procedural deficiencies, these did not significantly detract from the overall fairness and compliance of the agreement. The Commission emphasised that the agreement contained robust mechanisms for managing workplace issues and protecting employee rights. After careful consideration, the Commission concluded that the agreement substantially met the requirements of the Act and approved it accordingly.

The Fair Work Commission approved the Coles Launceston Distribution Centre Enterprise Agreement 2022, subject to the specific conditions outlined in the decision. The agreement was deemed to be compliant with the Fair Work Act 2009, and the objections raised by the SDA were not sufficient to prevent its approval.

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