DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Format Development Pty Limited
(AG2020/302)

WOOLWORTHS FORMAT DEVELOPMENT (TASMANIA) ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the Woolworths Format Development (Tasmania) Enterprise Agreement 2019

[1] Woolworths Format Development Pty Limited has made an application for approval of an enterprise agreement known as the Woolworths Format Development (Tasmania) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 February 2020 and, in accordance with s 54, will operate from 2 March 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Format Development Pty Limited applied for the approval of the Woolworths Format Development (Tasmania) Enterprise Agreement 2019 in the Fair Work Commission. The applicant sought to have the proposed enterprise agreement registered under the Fair Work Act 2009, as it was submitted that it complied with the statutory requirements for approval. The dispute involved the terms and conditions of employment for the employees of the applicant company in Tasmania, and whether the agreement met the necessary standards for approval under the Act.

The legal issues before the Commission were whether the proposed agreement met the formal requirements of the Fair Work Act, and whether it contained terms that were contrary to the public interest or not genuinely agreed upon by the parties. The Commission considered whether the agreement complied with the procedural fairness requirements, including the provision of full particulars, and whether the agreement had been genuinely negotiated and agreed upon by the relevant parties. The Commission also examined the terms of the agreement to ensure they did not contravene the minimum standards set out in the National Employment Standards or any applicable award.

The Fair Work Commission found that the applicant had satisfied the formal requirements for the approval of the proposed agreement. The Commission determined that the agreement had been genuinely negotiated and contained terms that were not contrary to the public interest. The Commission concluded that the agreement met all the statutory requirements for approval under the Fair Work Act, and the application was successful. The Woolworths Format Development (Tasmania) Enterprise Agreement 2019 was approved and registered under the Act.

The final orders of the Commission were that the proposed enterprise agreement be approved and registered under the Fair Work Act 2009. The terms and conditions of employment set out in the agreement would apply to the employees of Woolworths Format Development Pty Limited in Tasmania, and the agreement would be binding on both the employer and the employees. The Commission's decision provided certainty and clarity for the parties involved, ensuring that the agreement met the necessary legal standards for approval.

Woolworths Format Development Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established