Officeworks Ltd Summary

[2025] FWCA 573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Officeworks Ltd

(AG2025/30)

OFFICEWORKS CUSTOMER FULFILMENT CENTRE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 FEBRUARY 2025

Application for approval of the Officeworks Customer Fulfilment Centre Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Officeworks Customer Fulfilment Centre Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Officeworks Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 12 February 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Officeworks Ltd, a prominent Australian office supplies retailer, sought approval from the Fair Work Commission for the Officeworks Customer Fulfilment Centre Agreement 2024. This agreement, which was to apply to employees working in the company's fulfilment centres, included provisions concerning hours of work, leave entitlements, and dispute resolution mechanisms. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA), which represented a significant portion of Officeworks' workforce.

The primary legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable in all respects and whether they complied with the relevant provisions of the Fair Work Act 2009. The SDA argued that several aspects of the agreement, including the proposed reduction in leave entitlements and the introduction of more flexible working hours, were unfair and not in line with the objectives of the Act. Officeworks contended that the changes were necessary to remain competitive and to accommodate the evolving needs of their business.

The Fair Work Commission, after considering the submissions from both parties, found that the proposed agreement was largely in compliance with the Act. The Commission held that the changes to leave entitlements were reasonable given the operational demands of the fulfilment centres and that the proposed working hours were fair, taking into account the need for flexibility in a modern workplace. The Commission approved the agreement, subject to minor amendments to ensure clarity and fairness in certain provisions.

Officeworks Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established