Coles Supermarkets Australia Pty Ltd and Liquorland (Australia) Pty Ltd

[2015] FWC 758

[2015] FWC 758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Coles Supermarkets Australia Pty Ltd and Liquorland (Australia) Pty Ltd
(AG2014/9723)

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2015

Order relating to instrument covering new employer and transferring employees.

[1] This matter involves an application under s.318 of the Fair Work Act 2009 (Cth) (“the Act”). The application is made as a consequence of the acquisition by Coles Supermarkets Australia Pty Ltd and Liquorland Australia Pty Ltd (“Coles”) of four supermarkets in Western Australia currently owned and operated by Progressive Trading Pty Ltd (“Progressive”). As foreshadowed in the earlier decision concerning the Bunbury supermarket ([2014] FWC 8238) application has now been made by Coles in respect to the Halls Head and Dianella stores.

[2] Coles and the Shop, Distributive and Allied Employees Association provided evidence in support of the application which is of a similar nature to the evidence provided in respect to the Bunbury store. There are some minor variations in the evidence relating to the particular circumstances of the businesses and the consultation with the employees. Having examined the material provided I am satisfied that the conclusions reached in respect to the Bunbury supermarket and each of the considerations in s.318(3) of the Act are equally applicable to the Halls Head and Dianella stores.

[3] I am therefore satisfied that it is appropriate for an Order to be made in respect to those stores. The Order is published separately and will operate from today’s date.

COMMISSIONER

Final written submissions:

Submissions provided by Coles and the Shop, Distributive and Allied Employees Association on 22 January 2015.

Printed by authority of the Commonwealth Government Printer

<Price code A, AC318965  PR560597>