Woolworths Format Development Pty Ltd

[2022] FWCA 548

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Format Development Pty Ltd

(AG2022/48)

woolworths refrigeration installation (new south wales) enterprise agreement 2021

Plumbing industry
Commissioner Matheson	SYDNEY, 17 FEBRUARY 2022

Application for approval of the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2021 (Agreement). The application was made by Woolworths Formal Development Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b) of the Act.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2022. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Format Development Pty Ltd sought approval for the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2021. The dispute arose from negotiations between the employer and the union, Shop, Distributive and Allied Employees’ Association (SDA), concerning the terms and conditions of employment for refrigeration installation workers. The SDA raised concerns about the proposed agreement, particularly regarding wages, hours of work, and other employment conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the "better off overall test" (BOOT). The BOOT requires that the proposed agreement must not be worse for employees than their existing conditions or entitlements. Additionally, the Commission needed to consider if the agreement was made in good faith and if it contained the necessary provisions for proper dispute resolution mechanisms.

The Commission examined the evidence and submissions from both parties. It found that the proposed agreement provided for reasonable wage increases and improved working conditions, which were better than the existing terms for many employees. The Commission also concluded that the agreement was made in good faith and contained appropriate dispute resolution provisions. As such, the Commission approved the Woolworths Refrigeration Installation (New South Wales) Enterprise Agreement 2021. The parties are now required to implement the approved agreement and ensure compliance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established