Woolworths Group Limited

[2025] FWCA 332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Woolworths Group Limited

(AG2024/5270)

MELBOURNE SOUTH REGIONAL DISTRIBUTION ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER PERICA	MELBOURNE, 29 JANUARY 2025

Application for approval of the Melbourne South Regional Distribution Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Melbourne South Regional Distribution Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union and the Shop, Distributive and Allied Employees’ Association being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 29 January 2025. It will operate from 5 February 2025 as required by section 54 of the Act. The nominal expiry date is 31 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Woolworths Group Limited, which sought approval for the Melbourne South Regional Distribution Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory criteria for approval. The legal issues before the Commission involved the assessment of the proposed agreement's compliance with the Fair Work Act 2009, particularly in relation to the process of its negotiation, the terms it contained, and whether it met the requirements for being a single, indivisible agreement.

The Commission examined the process of negotiation to ascertain whether it complied with the provisions of the Fair Work Act. This included scrutiny of the participation of relevant employee representatives and whether the agreement was genuinely negotiated. The terms of the agreement were also evaluated to ensure they were fair and reasonable, taking into account the economic circumstances of the parties and the need for an agreement that would promote productivity, economic prosperity, and social inclusion. Furthermore, the Commission needed to determine whether the agreement was a single, indivisible entity as required by the Act.

The Fair Work Commission found that the negotiation process met the necessary statutory requirements and that the proposed agreement was genuinely negotiated. The terms of the agreement were deemed to be fair and reasonable, considering the economic context and the need for a productive and harmonious workplace. The Commission also confirmed that the agreement was a single, indivisible entity, thereby satisfying all statutory criteria. Consequently, the Commission approved the Melbourne South Regional Distribution Enterprise Agreement 2024.

The Commission ordered that the Melbourne South Regional Distribution Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would become legally binding between Woolworths Group Limited and the relevant employees, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established