DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolstar Pty Ltd T/A Yennora Distribution Centre
(AG2016/7718)

WOOLWORTHS LIMITED AND WOOLSTAR PTY LIMITED SYDNEY NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

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COMMISSIONER LEE	MELBOURNE, 27 APRIL 2017

Application for approval of the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2016 (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 Yennora Distribution Centre. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2017. The nominal expiry date of the Agreement is 17 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolstar Pty Ltd, trading as Yennora Distribution Centre, applied to the Fair Work Commission for the approval of the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia, the Shop, Distributive and Allied Employees' Association, and the National Union of Workers. The dispute centred around whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was a genuine enterprise agreement, contained the required minimum terms and conditions, and had been fairly negotiated. Additionally, the court had to determine whether the agreement was in compliance with the procedural fairness and good faith bargaining requirements stipulated in the legislation. The Transport Workers Union of Australia and the Shop, Distributive and Allied Employees' Association argued that the agreement did not meet the required standards, while Woolstar Pty Ltd asserted that it did.

The Fair Work Commission determined that the application should be approved. The Commission found that the agreement was a genuine enterprise agreement and contained the necessary minimum terms and conditions. It was concluded that the bargaining process was conducted in good faith and met the procedural fairness requirements. The Commission held that the agreement did not disadvantage employees and was in the best interests of the employees covered by the agreement. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The final orders of the Commission were that the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The parties were directed to provide a copy of the registered agreement to the Commission within 14 days of the decision.

Woolstar Pty Ltd T/A Yennora Distribution Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established