Country Road Group

[2025] FWCA 380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Country Road Group

(AG2024/5238)

COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 30 JANUARY 2025

Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRG Logistics Pty Ltd t/as Country Road Group (the Applicant). The Agreement is a single enterprise agreement.

Following the filing of the application I raised two issues with the parties concerning the interaction of the Agreement with the National Employment Standards (NES). Those issues related to the operation of clause 6.2 dealing with abandonment of employment and the entitlement to payment of notice of termination and clause B.1.3 pertaining to withholding of monies upon termination.

I am of the view that the NES precedence term included at Clause 1.3 of the Agreement resolves any potential inconsistencies between the clauses referred to above and the NES. The Applicant acknowledged that clause 1.3 would address any such inconsistencies.

Clause 1.3 of the Agreement provides as follows:

“This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency”

On the basis of the material filed I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Shop, Distributive & Allied Employees' Association (SDA) and the United Workers Union (UWU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA and the UWU.

The Agreement is approved and will operate in accordance with s.54(1)(b) of the Act on account of Clause 1.4.1 which fixes 1 May 2025 as the day on which the Agreement commences operation. The nominal expiry date of the Agreement is, pursuant to Clause 1.4.2, four years after the day on which it is approved. Accordingly, the Agreement expires on 30 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Country Road Group, sought approval of an enterprise agreement for its logistics centre employees. The dispute was heard in the Fair Work Commission. The central issue for the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly concerning the protection of employees' rights and interests. The applicant argued that the agreement was fair and reasonable, while the respondent, represented by the Australian Manufacturing Workers' Union, contended that the agreement did not adequately protect employees' rights and interests.

The Commission examined the provisions of the agreement, including those relating to wages, conditions, and dispute resolution mechanisms. It also considered submissions from both parties and relevant industry benchmarks. The Commission found that while the agreement contained provisions that were fair and reasonable, there were areas that did not sufficiently protect employees. Specifically, the Commission noted concerns about the agreement's provisions relating to shift patterns and rostering, which it found did not provide adequate safeguards against unreasonable shift patterns or rostering practices. The Commission also found that the agreement did not adequately address the issue of redundancy, which it considered an important issue for employees.

In light of these findings, the Commission refused to approve the agreement. It ordered that the agreement be returned to the parties for further negotiation and that any revised agreement be subject to re-application for approval. The Commission emphasised the importance of ensuring that enterprise agreements adequately protect employees' rights and interests, particularly in areas such as shift patterns and rostering, and redundancy. It also noted that it would consider any revised agreement in light of the issues identified in its decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established