DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited
(AG2019/3058)

FORMAT DEVELOPMENT VICTORIAN ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Format Development Victorian Enterprise Agreement 2019

[1] Woolworths Group Limited has made an application for approval of an enterprise agreement known as the Format Development Victorian Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Group Limited applied for the approval of the Format Development Victorian Enterprise Agreement 2019. The applicant sought to have the agreement approved in accordance with section 234 of the Fair Work Act 2009, having previously certified the agreement as a simple agreement. The Australian Council of Trade Unions (ACTU) and the Shop, Distributive and Allied Employees' Association (SDA) opposed the application, raising concerns about the fairness and reasonableness of the proposed agreement. The primary issues before the Commission were whether the agreement met the standards of procedural and substantive fairness and if it was reasonable in the circumstances.

The Commission first addressed the procedural fairness, noting that the application had been made in accordance with the relevant provisions of the Fair Work Act. The applicant had followed the necessary steps, including providing the required documentation and notices. The Commission found that the applicant had acted fairly and in good faith, ensuring that all relevant parties were given an opportunity to be heard. In relation to substantive fairness, the Commission examined various aspects of the agreement, including pay rates, conditions, and dispute resolution mechanisms. The Commission concluded that the proposed agreement was fair and reasonable, considering the economic context and the bargaining positions of the parties. The Commission found that the agreement provided adequate protections for employees while also allowing the employer to maintain operational flexibility.

The Commission approved the Format Development Victorian Enterprise Agreement 2019, finding it to be fair and reasonable. The decision emphasised the importance of balancing the needs of both employers and employees in enterprise agreements. The Commission noted that the agreement provided a fair outcome for all parties involved, reflecting the need for flexibility in the retail industry while ensuring adequate protections for employees. The approval of the agreement now allows it to be registered with the Fair Work Commission, thereby binding the parties to its terms and conditions.

Woolworths Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established