Woolworths Group Limited Summary

[2024] FWCA 3046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Woolworths Group Limited

(AG2024/2857)

APPLICATION FOR APPROVAL OF THE MOOREBANK CAMPUS ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER WILSON	MELBOURNE, 22 AUGUST 2024

Application for approval of the Moorebank Campus Enterprise Agreement 2024

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

The notification time for the Agreement under s.173(2) was 23 February 2024 and the Agreement was made on 17 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The United Workers Union, 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 9 September 2024. The nominal expiry date of the Agreement is 9 September 2028.

COMMISSIONER

Annexure A

[1] 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 Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Woolworths Group Limited and the Retail and Fast Food Workers Union. The dispute was over the application for approval of the Moorebank Campus Enterprise Agreement 2024. The Union objected to the proposed agreement on several grounds, arguing that it did not adequately protect employees' rights and conditions. The matter was heard by the Commission, which was tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues revolved around whether the agreement was procedurally and substantively fair. Procedurally, the Union contended that the agreement was not the product of genuine bargaining, as it was developed without adequate consultation and input from the Union. Substantively, the Union argued that the proposed conditions were inferior to those currently in place, impacting areas such as pay, leave entitlements, and job security. The Commission had to consider these objections in light of the relevant provisions of the Fair Work Act 2009 and the principles of enterprise bargaining.

In its decision, the Commission examined the process through which the agreement was developed and concluded that there was genuine bargaining, despite some procedural shortcomings. The Commission found that the parties had engaged in meaningful discussions, and the Union had the opportunity to provide input, albeit not to the extent it desired. Regarding the substantive fairness of the agreement, the Commission found that while some conditions were less favourable, the overall agreement provided adequate protections for employees and was in line with industry standards. The Commission ultimately approved the agreement, noting that the benefits of the proposed changes outweighed the objections raised by the Union. The Union was directed to take all necessary steps to give effect to the approved agreement.

Woolworths Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established