Woolworths Format Development Pty Ltd

[2022] FWCA 469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Format Development Pty Ltd

(AG2022/65)

Format & Network Development WFM NSW Enterprise Agreement 2021

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 FEBRUARY 2022

Application for approval of the Format & Network Development WFM NSW Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Format & Network Development WFM NSW Enterprise Agreement 2021 (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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 5 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the recent decision of Woolworths Format Development Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Format & Network Development WFM NSW Enterprise Agreement 2021. This application was made by Woolworths Format Development Pty Ltd, which sought to have the proposed enterprise agreement recognised and enforced under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment proposed in the agreement, which was intended to govern the employment of certain employees within Woolworths' network development operations in New South Wales.

The primary legal issues before the Commission involved determining whether the proposed agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for minimum rates of pay and conditions, as well as whether it complied with procedural requirements for employee representation and consultation. Additionally, the Commission needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unfair or unreasonable. The Commission had to weigh the bargaining positions of both parties and ensure that the agreement was made in good faith and without coercion.

Upon reviewing the application and the submissions made by both parties, the Fair Work Commission found that the proposed enterprise agreement was compliant with the legislative requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and adequate provisions for employee representation and consultation. Furthermore, the Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or were otherwise unfair or unreasonable. Consequently, the Commission approved the Format & Network Development WFM NSW Enterprise Agreement 2021, deeming it to be in the best interests of the employees and the employer alike.

The final orders of the Commission were that the Format & Network Development WFM NSW Enterprise Agreement 2021 be approved and registered under the Fair Work Act. The agreement was to come into effect on the date of the Commission's decision and would govern the employment of the relevant employees within Woolworths' network development operations in New South Wales. This decision provides clarity for both the employer and employees regarding the terms and conditions of their employment, ensuring that the agreement is recognised and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established