DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Woolstar Pty Ltd T/A Woolworths Ltd
(AG2015/6233)

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

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COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

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

[1] An application has been made for approval of a variation of the Woolstar Pty Limited Melbourne Liquor Distribution Centre Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to Section 210 of the Fair Work Act 2009 (the Act) by Woolstar Pty Ltd T/A Woolworths Ltd.

[2] The application was made within 14 days after the variation was made and was accompanied by a copy of the agreement as proposed to be varied and a declaration required by the Fair Work Commission Rules 2013 (Form F23A).

[3] I am satisfied that each of the requirements of Section 211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with Section 216 of the Act, shall come into effect from 4 December 2015.

[5] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

Woolstar Pty Ltd, trading as Woolworths Limited, applied to the Fair Work Commission for a variation of the Woolstar Pty Limited Melbourne Liquor Distribution Centre Enterprise Agreement 2014-2017. The primary dispute involved the introduction of a new roster system that aimed to increase operational efficiency and flexibility. The employees' union, representing the workers, opposed the changes, arguing that they would adversely affect the employees' work-life balance and job security. The matter was heard in the Fair Work Commission, where the union and Woolstar presented their respective cases.

The legal issues before the Commission were whether the proposed roster changes constituted a genuine variation in the enterprise agreement, and if the changes were necessary and reasonable in the circumstances. The Commission had to assess the merits of the application under the Fair Work Act 2009, focusing on whether the changes would result in a more productive and efficient workplace while ensuring that the employees' rights and entitlements were protected. The Commission also needed to consider the potential impact of the changes on the employees and determine whether the changes were necessary to achieve a legitimate aim.

The Fair Work Commission found that the proposed roster changes were necessary to improve the efficiency of the Melbourne Liquor Distribution Centre. The Commission determined that the changes would enhance operational flexibility, which would ultimately benefit both the company and the employees. The new roster system included provisions for additional rest periods and provisions to address potential adverse impacts on the employees. The Commission concluded that the proposed changes were reasonable and in line with the principles of the Fair Work Act. Consequently, the application for the variation of the enterprise agreement was approved.

The Fair Work Commission ordered that the Woolstar Pty Limited Melbourne Liquor Distribution Centre Enterprise Agreement 2014-2017 be varied to include the new roster system as proposed by Woolstar. The Commission emphasised that the changes should be implemented in a manner that protects the employees' rights and entitlements. The union was directed to notify its members of the approved changes, and both parties were required to comply with the new agreement. The decision marked a significant step towards enhancing the efficiency of the Melbourne Liquor Distribution Centre while maintaining a balance between the interests of the company and its employees.

Woolstar Pty Ltd T/A Woolworths Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established