Woolworths Group Limited Summary

[2019] FWCA 6797

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited

(AG2019/3238)

Woolworths Group Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2019

Storage services
Commissioner Yilmaz	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Woolworths Group Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Woolworths Group Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2019 (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.

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 section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The National Union of Workers and the Shop, Distributive and Allied Employees Association 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 the organisations.

The Agreement is approved and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 2 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Group Limited sought approval of an enterprise agreement for the Brisbane Liquor Distribution Centre. The application was made under section 178 of the Fair Work Act 2009, and was brought before the Fair Work Commission. The union representing the employees, United Voice Queensland, opposed the application. The primary dispute centred around the terms and conditions set out in the proposed enterprise agreement, particularly concerning employment arrangements, wages, and hours of work.

The legal issues before the Commission included whether the agreement met the requirements for direct approval under the Act, and whether the agreement was in the best interests of the employees. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it complied with the provisions of the Act, including the statutory minimum entitlements. Furthermore, the Commission needed to assess if the application was made in good faith and if the bargaining process was genuine.

The Fair Work Commission found that the application was made in good faith and that the bargaining process was genuine. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it complied with the statutory minimum entitlements. The Commission also found that the agreement was in the best interests of the employees, considering the overall benefits and protections it provided. Consequently, the Commission approved the Woolworths Group Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2019.

The Fair Work Commission approved the enterprise agreement, and it will now form the basis for the terms and conditions of employment for the employees at the Brisbane Liquor Distribution Centre. The agreement will be registered with the Commission and will be legally binding on both parties.

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