Woolworths Group Limited
[2024] FWCA 3868
•5 NOVEMBER 2024
| [2024] FWCA 3868 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Woolworths Group Limited
(AG2024/3744)
BIG W HOXTON PARK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT
| Storage services | |
| COMMISSIONER P RYAN | SYDNEY, 5 NOVEMBER 2024 |
Application for approval of the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2024
Woolworths Group Limited (Employer) has made an application for approval of an enterprise agreement known as the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187, 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues raised, and the Statement of Principles.[1]
National Employment Standards
I observe that clauses 29.4, 29.6, and 35.8 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representatives
The Shop, Distributive and Allied Employees Association (SDA) and the United Workers’ Union (UWU) each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the SDA and the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 November 2024. The nominal expiry date of the Agreement is 31 July 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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