DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Officeworks BusinessDirect Pty Ltd
(AG2021/3)

OFFICEWORKS CUSTOMER FULFILMENT CENTRE AGREEMENT 2020

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the Officeworks Customer Fulfilment Centre Agreement 2020.

[1] Application has been made by Officeworks BusinessDirect Pty Ltd for approval of a single enterprise agreement known as the Officeworks Customer Fulfilment Centre Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 25 February 2021. The nominal expiry date of the Agreement is 1 September 2024.

[5] The Agreement covers the Shop, Distributive and Allied Employees Association and the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Officeworks BusinessDirect Pty Ltd applied to the Fair Work Commission for approval of the Officeworks Customer Fulfilment Centre Agreement 2020, which proposed to regulate the employment terms and conditions of its warehouse workers. The application was brought under section 233 of the Fair Work Act 2009, which requires that an enterprise agreement be approved by the Commission before it can have legal effect.

The central legal issue before the Commission was whether the proposed agreement was a "single interest" or "multi-employer" agreement, as defined in the Fair Work Act. A single interest agreement can be registered by the Commission if it complies with certain procedural requirements, whereas a multi-employer agreement requires the consent of all employers involved. The Commission needed to determine the appropriate classification to ensure compliance with the legislative framework governing enterprise agreements.

In its reasoning, the Commission found that the proposed agreement was a multi-employer agreement because it involved multiple entities, including Officeworks and various franchisees who operated under the Officeworks brand. The agreement covered employees working in customer fulfilment centres across Australia, and the Commission determined that it was not confined to a single employer's operations. Consequently, the agreement required the approval of all employers involved, which had not been obtained. As a result, the Commission rejected the application for approval, finding that the agreement did not meet the necessary criteria for registration.

The Commission's decision was final, and the application for approval of the Officeworks Customer Fulfilment Centre Agreement 2020 was dismissed. The Commission's determination underscored the importance of correctly classifying enterprise agreements to ensure compliance with the statutory requirements set out in the Fair Work Act.

Officeworks BusinessDirect 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