DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Format Development Pty Limited
(AG2019/904)

WOOLWORTHS REFRIGERATION INSTALLATION (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Woolworths Format Development Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Format Development Pty Limited sought approval for the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2019. The dispute arose from the negotiation and proposed implementation of this enterprise agreement, which aimed to govern the employment terms of refrigeration technicians employed by Woolworths across various stores in New South Wales.

The central legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated between the employer and the employees' representatives. The Commission also had to consider whether the agreement contained any terms that might be unfair, contrary to public policy, or inconsistent with the provisions of the Fair Work Act.

The Commission meticulously reviewed the provisions of the proposed agreement, examining the negotiation process and the content of the agreement. It considered the submissions from both parties and the evidence presented. The Commission found that the agreement had been genuinely negotiated and contained fair and reasonable terms and conditions. The Commission was satisfied that the agreement did not contain any terms that were unfair, contrary to public policy, or inconsistent with the Fair Work Act. Consequently, the Commission approved the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2019.

The Commission's approval of the agreement means that it will now be binding on the employees covered by the agreement, and Woolworths must implement the terms of the agreement as specified. This decision ensures that the employment terms for refrigeration technicians in New South Wales are governed by a fair and reasonable enterprise agreement.

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