Shop, Distributive and Allied Employees Association v Aldi Foods Pty Ltd, as General Partner of Aldi Stores (A Limited Partnership) Trading as Aldi Stores

[2025] FWC 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 505—Right of entry

Shop, Distributive and Allied Employees Association
v

Aldi Foods Pty Ltd, As General Partner Of Aldi Stores (A Limited Partnership) Trading As Aldi Stores

(RE2025/228)

DEPUTY PRESIDENT BEAUMONT

PERTH, 27 MARCH 2025

Right of entry dispute; s 484; s 492

The Shop, Distributive and Allied Employees Association (SDA) applied to the Fair Work Commission under s 505 of the Fair Work Act 2009 (Cth) (Act) for the Commission to deal with a dispute about the operation of Part 3-4 of the Act. The SDA’s application sought a resolution of the dispute about where discussions with employees of Aldi Foods Pty Ltd, As General Partner of Aldi Stores (A Limited Partnership) Trading As Aldi Stores (the Respondent/Aldi) at its Armadale store in Western Australia could be held, upon entry by a permit holder pursuant to s 484 of the Act.

On 27 March 2025, a conference was convened with the parties. The parties agreed about the disposition of the dispute between them and sought an order giving effect to their in-principle agreement. By consent, the parties sought the issuance of the following order:

Application by the Shop, Distributive and Allied Employees Association to deal with a dispute regarding right of entry to ALDI’s Armadale store in Western Australia

1.The Commission makes the following order by consent:
A.For the purposes of section 492 of the Fair Work Act 2009, the Respondent allows access to the following areas at the Armadale Store in Western Australia, to any SDA officials holding right of entry permits who have served a compliant entry notice under the Fair Work Regulations 2009:
i.any room or area where employees ordinarily take meal or other breaks and any room or area that is provided by the Respondent for the purpose of taking meal or other breaks.

B.The matter is otherwise dismissed.

Being satisfied that there was an application properly before the Commission pursuant to s 505 of the Act and that it was appropriate to do so, I have determined the dispute by issuing an Order[1] concurrently with this decision in the terms sought by the parties. In doing so, the Commission advised the parties that it would be appropriate to publish short reasons for decision in relation to the Order, and these are those reasons.

DEPUTY PRESIDENT

[1] PR785623.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shop, Distributive and Allied Employees Association (SDA) applied to the Fair Work Commission for an order resolving a dispute with Aldi Foods Pty Ltd, as General Partner of Aldi Stores, about where discussions with employees at the Armadale store in Western Australia could be held when entry was made by a permit holder. The Commission convened a conference on 27 March 2025 and the parties reached an agreement on the disposition of the dispute. They sought an order giving effect to their agreement, which was granted by the Commission.

The legal issue before the Commission was whether the Respondent, Aldi, should allow access to certain areas of the Armadale store for the SDA officials holding right of entry permits. The SDA sought access to areas where employees ordinarily take meal or other breaks and any room or area provided by the Respondent for the purpose of taking meal or other breaks. The Commission had to decide whether the terms sought by the parties were appropriate and whether it was appropriate to publish short reasons for the decision.

The Commission determined that the application was properly before it and that it was appropriate to issue an order in the terms sought by the parties. The parties had reached an agreement and it was in the interests of the employees for the Commission to give effect to their agreement. The Commission noted that it would be appropriate to publish short reasons for the decision in relation to the order and these reasons were those given by the Deputy President. The matter was dismissed in all other respects.

The Commission made an order that the Respondent allow access to the specified areas at the Armadale Store in Western Australia to any SDA officials holding right of entry permits who have served a compliant entry notice under the Fair Work Regulations 2009. The order was made by consent and the matter was otherwise dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established