Woolworths Group Limited Summary

[2023] FWCA 1387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Woolworths Group Limited

(AG2023/1257)

HOPPERS CROSSING DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 15 MAY 2023

Application for approval of the Hoppers Crossing Distribution Centre Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hoppers Crossing Distribution Centre Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

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

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union (UWU), and the Shop, Distributive and Allied Employees' Association (SDA) being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

The Agreement was approved on 15 May 2023 and, in accordance with s 54, will operate from 22 May 2023. The nominal expiry date of the Agreement is 24 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Group Limited applied for approval of the Hoppers Crossing Distribution Centre Enterprise Agreement 2023. The application was heard by the Fair Work Commission, which was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees at the Hoppers Crossing Distribution Centre, and whether the agreement was in the interests of the employees and complied with the relevant legislative requirements.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it was certified by an independent certifier, and whether it was in the interests of the employees. The Commission also needed to consider if the agreement complied with the statutory requirements, including the provision of minimum entitlements and protections for employees. The application hinged on whether the agreement met the criteria for approval as outlined in the Fair Work Act, particularly in relation to the fairness and reasonableness of the terms and conditions.

In its decision, the Fair Work Commission examined the terms of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It was certified by an independent certifier, and the Commission was satisfied that it was in the interests of the employees. The Commission concluded that the agreement met all the statutory requirements, including providing for minimum entitlements and protections for employees. Therefore, the Commission approved the Hoppers Crossing Distribution Centre Enterprise Agreement 2023.

The Commission's final orders included the approval of the agreement, which was to be registered with the Fair Work Commission. The agreement would then apply to the employees at the Hoppers Crossing Distribution Centre, providing the terms and conditions of their employment. The decision confirmed the importance of ensuring that enterprise agreements meet the necessary criteria for approval, balancing the interests of employers and employees under the Fair Work Act.

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