Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited T/A Coles and Bi Lo

Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited, trading as Coles and Bi Lo, applied for the approval of the Coles Store Team Enterprise Agreement 2014 - 2017. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on the application of the better off overall test, which requires that the agreement be beneficial to the employees compared to the applicable award or safety net.

The legal issues that the Commission had to resolve included whether the proposed agreement met the statutory criteria under the Act, specifically the better off overall test, and whether the undertakings provided by the applicant sufficiently addressed the concerns raised during the hearing. The Commission considered the submissions from the applicants, the respondents, and the relevant stakeholders. It examined the evidence provided to ascertain whether the agreement would lead to employees being better off overall, taking into account the various factors and provisions of the agreement.

The Fair Work Commission determined that the agreement complied with the statutory requirements. It found that the applicants had provided adequate undertakings to address the concerns raised, ensuring that employees would be better off overall. The Commission considered the evidence and submissions from all parties and concluded that the proposed agreement met the necessary criteria. Consequently, the Commission approved the Coles Store Team Enterprise Agreement 2014 - 2017.

The Commission's final order was that the Coles Store Team Enterprise Agreement 2014 - 2017 be approved, effective from the date of the decision. This decision provides certainty to both the applicants and the employees, allowing the agreement to be implemented as a legally binding contract.