Woolstar Pty Ltd T/A Sydney National Distribution Centre Summary

[2018] FWCA 6894

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Woolstar Pty Ltd T/A Sydney National Distribution Centre

(AG2018/3504)

Sydney National Distribution Centre Enterprise Agreement 2018

Storage services
Commissioner Harper-Greenwell	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Sydney National Distribution Centre Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Sydney National 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 Woolstar Pty Ltd T/A Sydney National Distribution Centre. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 17 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolstar Pty Ltd, trading as the Sydney National Distribution Centre, applied for the approval of the Sydney National Distribution Centre Enterprise Agreement 2018. The dispute centred around the application's compliance with the Fair Work Act 2009, specifically focusing on whether the agreement met the requirements for approval under the legislation. The Commission was tasked with determining if the agreement, as presented, adhered to the necessary conditions for its approval.

The legal issues that the Commission had to resolve included whether the agreement contained all the prescribed minimum terms and conditions, and whether it complied with the procedural requirements of the Act. Additionally, the Commission examined if the agreement was genuinely made without any duress or coercion and if it was fair and equitable to the employees covered by it. The validity of the consultation process leading to the agreement was also under scrutiny.

After thorough examination, the Commission concluded that the Sydney National Distribution Centre Enterprise Agreement 2018 complied with the legislative requirements for approval. The Commission found that all prescribed minimum terms and conditions were included, and the procedural requirements of the Act had been met. It was determined that the agreement was genuinely made without any duress or coercion, and it was fair and equitable to the employees. The consultation process was deemed adequate, satisfying the statutory criteria. The application for approval was thus granted.

The Commission's final orders were that the Sydney National Distribution Centre Enterprise Agreement 2018 be approved as of the date of the decision. This approval meant that the agreement would be registered and would commence on the date specified within the agreement. The decision was made on the basis that the agreement met all the statutory requirements for approval and was fair and equitable to the employees it covered.

Woolstar Pty Ltd T/A Sydney National Distribution Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established