DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Property Investments Pty Ltd T/A Woolworths Group Limited
(AG2019/102)

MELBOURNE SOUTH REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

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COMMISSIONER GREGORY	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Melbourne South Regional Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne South Regional Distribution Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Property Investments Pty Ltd T/A Woolworths Group Limited. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Queensland Property Investments Pty Ltd, trading as Woolworths Group Limited, and various trade unions representing their employees. The central issue was the application for the approval of the Melbourne South Regional Distribution Centre Enterprise Agreement 2018. The Fair Work Commission was the court that heard the application.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and appropriate protections for employees, covered all necessary terms and conditions of employment, and was free from any unfair or unreasonable provisions. Additionally, the court examined whether the agreement had been genuinely negotiated between the employer and the unions representing the employees.

In its decision, the Fair Work Commission found that the proposed enterprise agreement satisfied the necessary legal criteria. The court concluded that the agreement provided adequate protections for employees, covered all essential terms and conditions of employment, and did not contain any unfair or unreasonable provisions. The court further determined that the agreement had been genuinely negotiated between the employer and the unions. As a result, the court approved the Melbourne South Regional Distribution Centre Enterprise Agreement 2018.

The court's final order was the approval of the Melbourne South Regional Distribution Centre Enterprise Agreement 2018, effective from 1 July 2018. The agreement was to be registered with the Fair Work Commission, and the employer and unions were directed to comply with its terms and conditions.

Queensland Property Investments Pty Ltd T/A Woolworths Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established