Woolworths Group Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Woolworths Group Limited, sought approval of the Perth Regional Distribution Centre Enterprise Agreement 2022. The application was brought before the Fair Work Commission. The respondents included the Transport Workers Union of Australia, the Shop, Distributive and Allied Employees Association, and others. The primary dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions that aimed to enhance operational efficiency within the Perth Regional Distribution Centre.

The legal issues before the court required clarification on several points. These included whether the agreement adequately protected employees' conditions, if it allowed for fair negotiation and consultation, and whether it aligned with the provisions of the Fair Work Act. A significant point of contention was the nature of the proposed changes to shift patterns and the implications for employee rest periods. The court also needed to consider whether the agreement met the standards of procedural fairness and if it provided a sufficient mechanism for dispute resolution.

The court meticulously examined the submissions from both parties and considered the broader implications of the agreement. It was noted that the proposed changes aimed to improve operational efficiency while maintaining fair treatment of employees. The court found that the agreement did not breach any provisions of the Fair Work Act and provided adequate safeguards for employee conditions. The agreement was deemed to comply with the requirements of procedural fairness and offered a robust mechanism for dispute resolution. The court concluded that the agreement would foster a more efficient and productive work environment without compromising the rights and conditions of the employees.

The Fair Work Commission approved the Perth Regional Distribution Centre Enterprise Agreement 2022. The court ordered that the agreement be registered, effective from the date of the decision. This ruling allows Woolworths Group Limited to implement the changes as proposed in the agreement, while ensuring that the rights and conditions of employees are protected.

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