Woolworths Format Development Pty Ltd
[2024] FWCA 2091
•6 JUNE 2024
| [2024] FWCA 2091 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Woolworths Format Development Pty Ltd
(AG2024/1508)
WOOLWORTHS 360 TASMANIAN ENTERPRISE AGREEMENT 2023
| Plumbing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 6 JUNE 2024 |
Application for approval of the Woolworths 360 Tasmanian Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Woolworths 360 Tasmanian Enterprise Agreement 2023 (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 Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:
· Clause 23.7 of the Agreement deals with abandonment of employment, but does not specifically provide for notice of termination in those circumstances. This appears inconsistent with s 117 of the Act. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s 117 of the Act.
· Clause 24.8 of the Agreement provides that employees are not eligible for severance payments where the employer finds suitable alternative employment for them. No reference is made to the provision being subject to an application to the Commission pursuant to s 120 of the Act.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 13 June 2024. The nominal expiry date of the Agreement is 1 October 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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