Queensland Property Investments Pty Ltd T/A Woolworths Group Limited Summary

[2023] FWCA 387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Property Investments Pty Ltd T/A Woolworths Group Limited

(AG2023/119)

MELBOURNE SOUTH REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022

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COMMISSIONER CIRKOVIC	MELBOURNE, 9 FEBRUARY 2023

Application for approval of the Melbourne South Regional Distribution Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Melbourne South Regional Distribution Centre Enterprise Agreement 2022 (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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union and the Shop, Distributive and Allied Employees Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 9 February 2023 and, in accordance with s.54, will operate from 16 February 2023. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Queensland Property Investments Pty Ltd, trading as Woolworths Group Limited, applied for the approval of the Melbourne South Regional Distribution Centre Enterprise Agreement 2022. The application was brought by the employer, which sought to have the agreement recognised as a single, streamlined enterprise agreement, to cover employees in the Melbourne South Regional Distribution Centre. The application was opposed by the Transport Workers Union of Australia, who argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009 and that it was not in the best interests of the employees.

The court was required to consider whether the proposed agreement complied with the legal framework set out in the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it was appropriately negotiated and agreed to by the relevant parties. The court also needed to determine whether the proposed agreement was in the best interests of the employees, taking into account their rights, entitlements, and protections under the Act.

After considering the evidence and arguments presented by both parties, the court found that the proposed agreement complied with the requirements of the Fair Work Act 2009. The court was satisfied that the agreement contained the necessary minimum terms and conditions, and that it was appropriately negotiated and agreed to by the relevant parties. The court also found that the proposed agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and protected their rights and entitlements under the Act. Accordingly, the court approved the Melbourne South Regional Distribution Centre Enterprise Agreement 2022.

Queensland Property Investments Pty Ltd T/A Woolworths Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established