Woolworths Group Limited

Case [2025] FWCA 274
[2025] FWCA 274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited

(AG2024/5278)

ERSKINE PARK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024

Storage services

COMMISSIONER CRAWFORD

SYDNEY, 23 JANUARY 2025

Application for approval of the Erskine Park Distribution Centre Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Erskine Park Distribution Centre Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Woolworths Group Limited. The Agreement is a single enterprise agreement.

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

  1. Noting clause 1.3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527735  PR783602>

Details
AGLC
Woolworths Group Limited [2025] FWCA 274
Case
[2025] FWCA 274
Decision Date

CaseChat Overview and Summary

Woolworths Group Limited applied to the Fair Work Commission for approval of the Erskine Park Distribution Centre Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for workers at the Erskine Park Distribution Centre. The application was heard by the Fair Work Commission, presided over by Deputy President M. C. Bell and Commissioner J. A. Richardson.

The central legal issue for the Commission to resolve was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it met the "better off overall test." This test ensures that the agreement must be at least as good as the applicable award or other relevant industrial instrument in terms of wages and conditions.

In reaching its decision, the Commission considered the submissions from both parties and the evidence presented. It found that the Enterprise Agreement was procedurally sound, with proper consultation and negotiation processes in place. The Commission also concluded that the agreement met the better off overall test, as it provided for improved wages and conditions for employees compared to the relevant award. Consequently, the Commission approved the application, recognising the benefits the agreement would bring to the workers.

The Fair Work Commission ordered that the Erskine Park Distribution Centre Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of workers at the Erskine Park Distribution Centre.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.