Woolworths Group Limited
[2025] FWCA 211
•20 JANUARY 2025
| [2025] FWCA 211 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Woolworths Group Limited
(AG2024/5000)
HEATHWOOD CHILLED AND FROZEN DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024
| Storage services | |
| COMMISSIONER HUNT | BRISBANE, 20 JANUARY 2025 |
Application for approval of the Heathwood Chilled and Frozen Distribution Centre Enterprise Agreement 2024
Woolworths Group Limited (the Employer) has applied for approval of an enterprise agreement known as the Heathwood Chilled and Frozen Distribution Centre Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 September 2024 and the Agreement was made on 3 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The United Workers’ Union (UWU) and the Shop, Distributive and Allied Employees Association (SDA), each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU and the SDA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
27 January 2025. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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