DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Format Development Pty Limited
(AG2018/2763)

WOOLWORTHS REFRIGERATION INSTALLATION (QUEENSLAND) ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Woolworths Refrigeration Installation (Queensland) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Refrigeration Installation (Queensland) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 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 16 October 2018. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolworths Format Development Pty Limited applied to the Fair Work Commission for the approval of the Woolworths Refrigeration Installation (Queensland) Enterprise Agreement 2018. The application was opposed by the Electrical Trades Union of Australia. The disagreement centred around the terms and conditions of employment for refrigeration installers within Woolworths' operations in Queensland.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, including the criteria for a "single-employer" agreement, and whether it provided for a fair and reasonable term. The Commission had to determine if the agreement contained all the prescribed minimum terms and conditions, and if the provisions were fair and reasonable in all aspects.

The Commission found that the agreement was appropriately classified as a single-employer agreement and contained all the required minimum terms and conditions. The Commission also concluded that the agreement was fair and reasonable in all its aspects, taking into account the evidence presented by both parties. The Commission considered the evidence of the parties and the public interest in approving the agreement. The Commission ultimately approved the agreement, allowing it to come into effect from 1 July 2018.

The Fair Work Commission approved the Woolworths Refrigeration Installation (Queensland) Enterprise Agreement 2018, with the approval to take effect from 1 July 2018.

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