Coles Supermarkets Australia Pty Ltd

Coles Supermarkets Australia Pty Ltd applied for the approval of the Coles Retail Enterprise Agreement 2024, which was proposed to replace the existing Coles Retail Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, and the application was heard by the Fair Work Commission. The application for approval was opposed by the Australian Workers' Union, who argued that the proposed agreement did not provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the terms and conditions proposed in the Coles Retail Enterprise Agreement 2024 were fair and reasonable for the employees. The Commission needed to assess whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009, which required the agreement to provide for fair and reasonable terms and conditions of employment, to be free from coercion and harassment, and to be in the public interest. The Commission also needed to consider whether the agreement adequately protected the interests of the employees, particularly in light of the opposition from the Australian Workers' Union.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the employees. The Commission considered the evidence presented by both parties and concluded that the proposed agreement was in the best interests of the employees. The Commission found that the proposed agreement provided for reasonable working hours, adequate leave provisions, and appropriate remuneration, among other things. The Commission also found that the proposed agreement was free from coercion and harassment and was in the public interest. The Commission concluded that the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the Coles Retail Enterprise Agreement 2024, which will replace the existing Coles Retail Enterprise Agreement 2021. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the employees and met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission rejected the opposition from the Australian Workers' Union and approved the agreement as proposed. The approval of the agreement will provide certainty and stability for the employees and the employer and will ensure that the employees are paid fair and reasonable terms and conditions of employment.