DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Supermarkets Australia Pty Ltd T/A Coles
(AG2019/2324)

COLES SUPERMARKETS MEAT ENTERPRISE AGREEMENT 2018

Retail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2019

Application for approval of the Coles Supermarkets Meat Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coles Supermarkets Meat Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coles Supermarkets Australia Pty Ltd T/A Coles. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The signed Agreement lodged in the Commission with the application contained a number of typographical, formatting and cross-referencing errors. On 26 July 2019, the Applicant filed an amended copy of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Shop, Distributive and Allied Employees Association and The Australasian Meat Industry Employees Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 9 August 2019 and, in accordance with s.54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coles Supermarkets Australia Pty Ltd, trading as Coles, sought approval of the Coles Supermarkets Meat Enterprise Agreement 2018. The application was heard by the Fair Work Commission (FWC), Australia's independent workplace relations tribunal. The dispute centred on the terms and conditions of employment for employees within the meat department of Coles stores across Australia, as outlined in the proposed enterprise agreement.

The central legal issues the FWC had to address included whether the agreement was genuinely negotiated, whether it provided for the appropriate balance between the interests of the employer and employees, and if it complied with the Fair Work Act 2009. The FWC needed to ensure that the agreement met the criteria for approval under the Act, particularly focusing on the process of negotiation, the substantive terms of the agreement, and the compliance with procedural fairness.

The FWC examined the evidence presented by both Coles and the relevant unions, concluding that the agreement was genuinely negotiated and met the criteria for approval. The FWC found that the agreement provided for a fair balance of rights and obligations between the parties, and that it complied with all relevant provisions of the Fair Work Act. The FWC noted that the process of negotiation was transparent and involved all relevant parties, and that the substantive terms of the agreement were fair and reasonable. The FWC approved the Coles Supermarkets Meat Enterprise Agreement 2018, confirming its validity and enforceability under the Act.

Coles Supermarkets Australia Pty Ltd T/A Coles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established