DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Format Development Pty Limited
(AG2020/3160)

WOOLWORTHS FORMAT DEVELOPMENT (QUEENSLAND SERVICE) ENTERPRISE AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Woolworths Format Development (Queensland Service) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Format Development (Queensland Service) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Woolworths Format Development Pty Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[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 25 November 2020. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Woolworths Format Development Pty Limited applied to the Fair Work Commission for the approval of the Woolworths Format Development (Queensland Service) Enterprise Agreement 2020. The dispute arose from the negotiation process between Woolworths Format Development and its employees, represented by the Retail and Fast Food Workers Union. The crux of the matter was the adequacy and fairness of the proposed agreement in terms of the terms and conditions of employment for the workers involved.

The legal issues before the Court centred on whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided a net benefit to the employees compared to the applicable awards and if it contained the mandated minimum terms and conditions. The Court also needed to consider if the agreement was made in good faith and if it was appropriately certified by the Independent Registrar of the Fair Work Commission.

In delivering the decision, the Court found that the Enterprise Agreement met all the statutory requirements and was indeed a BOOT agreement. The Court was satisfied that the agreement provided a net benefit to the employees and contained all the mandated minimum terms and conditions. Furthermore, the Court found that the agreement was made in good faith and had been appropriately certified by the Independent Registrar. Based on these findings, the Court approved the Enterprise Agreement, thus resolving the dispute in favour of Woolworths Format Development.

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