Woolworths Group Limited Summary

[2025] FWCA 2537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited

(AG2025/2357)

BRISBANE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 31 JULY 2025

Application for approval of the Brisbane Regional Distribution Centre Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Brisbane Regional Distribution Centre Enterprise Agreement 2025 (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, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Shop, Distributive and Allied Employees Association and United Workers’ Union, both being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

I note the Commission received an email from an employee covered by the Agreement raising concerns regarding pay grade progression. The concern relates to a change in wording in the Agreement compared to the replacement agreement. Having considered the concern raised, the Agreement, the employer’s declaration in support of approval and supporting materials lodged with the application, I am satisfied the Agreement passes the better off overall test.

The Agreement is approved and in accordance with s.54, will operate from 7 August 2025. The nominal expiry date of the Agreement is 6 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Woolworths Group Limited, sought approval of the Brisbane Regional Distribution Centre Enterprise Agreement 2025. The agreement was to cover employees who work at the applicant's Brisbane Regional Distribution Centre. The application was made under section 230 of the Fair Work Act 2009. The primary dispute was over whether the proposed agreement met the requirements for being a simple, streamlined agreement, and whether it provided adequate protections for employees, particularly in relation to redundancy.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 230 of the Fair Work Act, specifically focusing on the content of the agreement, its compliance with relevant laws, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission needed to determine whether the agreement provided adequate protections for employees, particularly in relation to redundancy, and if the process for seeking approval was conducted in a fair and transparent manner.

After considering the submissions from both parties, the Fair Work Commission found that the agreement met the criteria for approval under section 230 of the Fair Work Act. The Commission determined that the agreement was a simple, streamlined agreement that provided fair and reasonable terms and conditions for the employees. The Commission also found that the agreement provided adequate protections for employees in relation to redundancy, and that the process for seeking approval was conducted in a fair and transparent manner. Consequently, the Commission approved the Brisbane Regional Distribution Centre Enterprise Agreement 2025.

The Commission's final orders included the approval of the Brisbane Regional Distribution Centre Enterprise Agreement 2025, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies be provided to the parties involved. The decision was made in accordance with the Fair Work Act 2009, and the parties were bound by the terms of the approved agreement.

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