Shop, Distributive and Allied Employees Association v Aldi Foods Pty Limited As General Partner Of Aldi Stores (A Limited Partnership) Trading AS Aldi Stores, Clint Peddersen-Curtis

In the appeal, the Shop, Distributive and Allied Employees Association (SDA) contested the Deputy President's approval of an enterprise agreement between Aldi Foods Pty Limited and its employees, arguing that the agreement did not satisfy the "better off overall test" (BOOT) as required by the Fair Work Act 2009 (Cth). The SDA claimed that the Deputy President made errors in his application of the BOOT and in his interpretation of the agreement and relevant award. The matter was heard and determined by a Full Bench of the Fair Work Commission.

The legal issues before the Full Bench included whether the Deputy President made any errors of fact, law, or process in approving the agreement. Specifically, the SDA contended that the Deputy President did not properly consider certain monetary and non-monetary benefits and detriments when conducting the global assessment of whether the employees would be better off overall under the agreement. The Full Bench needed to assess whether the Deputy President's findings were supported by the evidence and whether his interpretation of the agreement and award was correct. The SDA also argued that the Deputy President should have required further undertakings to ensure that employees would be better off overall.

The Full Bench found that the SDA had not established any appealable errors in the Deputy President's findings of fact, interpretation of the agreement or award, or in the process of conducting the global assessment. The Full Bench held that the Deputy President had appropriately considered all relevant terms and conditions of the agreement and had correctly applied the BOOT in making his findings. The Full Bench emphasised that the BOOT requires a global assessment rather than a line-by-line comparison, and found that the Deputy President had properly undertaken such an assessment. The Full Bench concluded that the Deputy President's approval of the agreement was correct and that the SDA had not shown any grounds for setting aside the Deputy President's decision.

The SDA's appeal was dismissed, and the Full Bench affirmed the Deputy President's approval of the enterprise agreement. No further orders were made.