Coles Supermarkets Australia Pty Ltd

[2013] FWCA 6236

[2013] FWCA 6236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coles Supermarkets Australia Pty Ltd
(AG2013/2078)

COLES SUPERMARKETS SOUTH AUSTRALIA MEAT AGREEMENT 2012

Retail industry
COMMISSIONER BULL	SYDNEY, 28 AUGUST 2013

Application for approval of the Coles Supermarkets South Australia Meat Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Coles Supermarkets South Australia Meat Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission notes that the Agreement provides a loading to casual employees at clause 2.3 - Casual team members, and in particular, sub clause 2.3.1 that is less than the casual loading provided for in the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test. Furthermore, the ordinary hours of work that is provided for at clause 3.2 - Ordinary hours and penalties, is greater than the ordinary hours of work provided for in the Award.

[3] The Commission questioned the casual loading being less than the Award and the increase in the spread of hours with respect to how employees covered by this Agreement are better off overall. The Applicant has provided a number of indicative rosters and advised that the rates of pay in the Agreement are significantly higher, and compensate for the casual loading being less than the Award and additional increase in the span of ordinary working hours. The indicative rosters and calculations provided for by the Applicant demonstrates that employees are better off overall under the Agreement.

Undertaking

[4] An undertaking with respect to clause 7.1 - Disputes procedure, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant, has been provided by the employer.

[5] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[6] The Agreement covers all weekly paid meat department employees working in Coles Supermarkets in South Australia. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Australasian Meat Industry Employees Union 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) I note that the Agreement covers this organisation.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 4 September 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Annexure A

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