Woolworths Group Limited

[2019] FWCA 6474

[2019] FWCA 6474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited
(AG2019/975)

BIGW STORES AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 SEPTEMBER 2019

Application for approval of the BIGW Stores Agreement 2019.

[1] An application has been made for approval of a single enterprise agreement titled the BIGW Stores Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Woolworths Group Limited (Employer).

[2] The Employer has provided an undertaking as to the definition of “shift-worker” under the Agreement. A copy of this undertaking dated 17 September 2019 is published with this decision and becomes a term of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant modern award) and that the undertaking will not result in any substantial change to the Agreement.

[3] The Shop, Distributive and Allied Employees Association (SDA) and the Australian Workers’ Union (AWU), being bargaining representatives of a registered employee organisation for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each of them. In accordance with s.201(2) of the Act, I note the agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am also satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is hereby approved and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal term of the Agreement will expire on 24 September 2023.

[7] Further reasons for this decision will be published in due course.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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