Coles Group Supply Chain Pty Ltd T/A Coles Group Supply Chain Pty Ltd

[2023] FWCA 3103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Coles Group Supply Chain Pty Ltd T/A Coles Group Supply Chain Pty Ltd

(AG2023/3162)

COLES PARKINSON CDC AND UWU ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER DURHAM	BRISBANE, 25 SEPTEMBER 2023

Application for approval of the Coles Parkinson CDC and UWU Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Coles Parkinson CDC and UWU Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coles Group Supply Chain Pty Ltd T/A Coles Group Supply Chain Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) and Shop Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and SDA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Coles Group Supply Chain Pty Ltd, which sought approval for the Coles Parkinson Collective Discriminatory Clause (CDC) and United Workers Union (UWU) Enterprise Agreement 2023. The dispute centred on the procedural fairness and the proper application of the Fair Work Act 2009. The UWU opposed the application on several grounds, primarily asserting that the agreement did not meet the necessary standards for procedural fairness and that there were deficiencies in the consultation process. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Act.

The primary legal issues the Fair Work Commission had to address were whether the consultation process complied with the Fair Work Act, and if the agreement was made in good faith. Additionally, the Commission needed to determine if the agreement adequately provided for the rights and obligations of employees and employers, and if it was fair and reasonable. The Commission also had to consider if the agreement was made without any undue influence or coercion, and whether it complied with the prescribed terms and conditions set out in the Act.

In delivering its decision, the Fair Work Commission found that the consultation process was largely procedurally fair, with reasonable efforts made to engage with the employees. However, the Commission identified certain areas where the consultation could have been improved, particularly in ensuring that all employees had an opportunity to provide input. The Commission held that the agreement was made in good faith and that it adequately provided for the rights and obligations of both parties. The Commission was satisfied that the agreement was fair and reasonable and did not involve any undue influence or coercion. Consequently, the Fair Work Commission approved the Coles Parkinson CDC and UWU Enterprise Agreement 2023, subject to certain minor amendments to address the identified procedural issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established