Woolworths Group Limited
[2023] FWCA 132
•16 JANUARY 2023
| [2023] FWCA 132 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Woolworths Group Limited
(AG2022/5124)
PERTH REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022
| Storage services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 16 JANUARY 2023 |
Application for approval of the Perth Regional Distribution Centre Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Perth Regional Distribution Centre Enterprise Agreement 2022 (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 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 and 190 as are relevant to this application for approval have been met.
I note that clause 5.2.1(c) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.8(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Shop, Distributive and Allied Employees Association and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
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