DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coles Supply Chain Pty Ltd
(AG2015/6204)

COLES EASTERN CREEK (NUW) NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015-2018

Storage services
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Coles Eastern Creek (NUW) National Distribution Centre Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Coles Eastern Creek (NUW) National Distribution Centre Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coles Group Supply Chain Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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 the organisation.

[4] The Agreement was approved on 25 November 2015 and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case of Coles Supply Chain Pty Ltd involved an application for the approval of the Coles Eastern Creek (NUW) National Distribution Centre Enterprise Agreement 2015-2018. This matter was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement met the requirements for approval under the legislation, specifically whether it provided for the fair and efficient operation of the business and protected the interests of employees.

The Commission considered several factors in reaching its decision. These included whether the agreement contained provisions that were contrary to public policy, whether it provided for the fair and efficient operation of the business, and whether it protected the interests of employees. The Commission also examined the bargaining process leading up to the agreement, including whether the agreement was genuinely negotiated and whether there was adequate disclosure of relevant information. The Commission concluded that the agreement met the requirements for approval under the Act, as it provided for the fair and efficient operation of the business and protected the interests of employees.

The Fair Work Commission approved the Coles Eastern Creek (NUW) National Distribution Centre Enterprise Agreement 2015-2018. The Commission found that the agreement contained provisions that were not contrary to public policy and that it provided for the fair and efficient operation of the business. The Commission also found that the agreement protected the interests of employees and that it was genuinely negotiated. The Commission considered the agreement to be fair and reasonable, and approved it under the Fair Work Act 2009.

Coles Supply Chain Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established