Woolstar Pty Ltd T/A Woolworths Ltd Summary

[2014] FWCA 6712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Woolstar Pty Ltd T/A Woolworths Ltd
(AG2014/7485)

WOOLSTAR PTY LIMITED MELBOURNE LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Woolstar Pty Limited Melbourne Liquor Distribution Centre Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woolstar Pty Limited Melbourne Liquor Distribution Centre Enterprise Agreement 2014 - 2017 (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 Woolworths Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Woolstar Pty Ltd T/A Woolworths Ltd was the subject of an application for approval of the Melbourne Liquor Distribution Centre Enterprise Agreement 2014 - 2017. The application was heard by the Fair Work Commission. The primary dispute was whether the agreement should be approved and registered under the Fair Work Act 2009. The applicants sought approval of the agreement, while the respondents argued against its approval on several grounds.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly the provisions regarding the approval of enterprise agreements. The respondents raised several objections, including that the agreement did not comply with the requirements for "better off overall and in the round" as stipulated by the Act. They also argued that certain provisions in the agreement were not fairly negotiated and that the agreement failed to meet the "genuine agreement" criterion.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act 2009. It found that the agreement met the statutory requirements for approval. The Commission held that the agreement was fairly negotiated and complied with the "better off overall and in the round" test. It also found that the agreement satisfied the "genuine agreement" criterion and did not contain any provisions that were unfair or contrary to public policy. Based on these findings, the Commission approved the application for the registration of the enterprise agreement.

The Fair Work Commission approved the application for the registration of the Melbourne Liquor Distribution Centre Enterprise Agreement 2014 - 2017. The agreement was registered, and the respondents' objections were dismissed.

Woolstar Pty Ltd T/A Woolworths Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established