Woolworths Group Limited

[2021] FWCA 3895

[2021] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited
(AG2021/5805)

WOOLWORTHS GROUP LIMITED BRISBANE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2021

Retail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 JULY 2021

Application for approval of the Woolworths Group Limited Brisbane Regional Distribution Centre Enterprise Agreement 2021.

[1] Woolworths Group Limited (the Applicant) has made an application for approval of an enterprise agreement known as the Woolworths Group Limited Brisbane Regional Distribution Centre Enterprise Agreement 2021. (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 July 2021.

[3] I have reviewed the Agreement and the materials submitted by the parties and identified the following concerns with the Agreement:

•  Clauses 5.7.5 with respect to notification requirements for personal/carer’s leave and 6.2.4 with respect to monies owing to employees upon termination, may be inconsistent with the entitlements provided for in the National Employment Standards.

[4] I am satisfied however that the NES precedence clause at clause 1.4 of the Agreement is sufficient to address the above concerns.

[5] The “Shop, Distributive and Allied Employees Association”, 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) of the Act I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2021. The nominal expiry date is 6 July 2025.

COMMISSIONER

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