Ocado Solutions Australia Pty Ltd Summary

[2022] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ocado Solutions Australia Pty Ltd

(AG2022/2235)

Ocado Solutions Australia Pty Ltd EnterpriseAgreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 18 JULY 2022

Application for approval of the Ocado Solutions Australia Pty Ltd Enterprise Agreement 2022.

Ocado Solutions Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ocado Solutions Australia Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Shop, Distributive and Allied Employees Association, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 July 2022 and, in accordance with s.54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 18 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ocado Solutions Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Ocado Solutions Australia Pty Ltd Enterprise Agreement 2022. The dispute arose from negotiations between the employer and the employee representatives, focusing on the terms and conditions of employment for the workforce. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning its fairness and compliance with relevant industrial instruments.

The primary legal issues before the Commission were whether the enterprise agreement provided for minimum entitlements that complied with the Fair Work Act and if the agreement was made in good faith and without coercion. The Commission needed to scrutinise the agreement's provisions, including wages, hours of work, and other employment conditions, to ensure they were not less favourable than the applicable awards or registered agreements. Additionally, the Commission examined if the process of making the agreement adhered to the procedural requirements outlined in the Act.

In delivering its decision, the Commission found that the agreement provided for minimum entitlements that were not less favourable than the relevant awards or any applicable registered agreements. The Commission noted that the negotiation process was conducted in good faith and without any evidence of coercion. The agreement was deemed to be fair and reasonable, considering the specific circumstances of the workplace and the parties involved. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legislative framework and the best interests of the workforce.

The final orders of the Commission included the approval of the Ocado Solutions Australia Pty Ltd Enterprise Agreement 2022, which would now govern the employment conditions of the relevant employees. The decision underscored the importance of fair and transparent negotiation processes in the formation of enterprise agreements and highlighted the Commission's role in ensuring compliance with the Fair Work Act.

Ocado Solutions Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established