| [2025] FWCA 2478 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Woolworths Group Limited
(AG2025/1924)
HOPPERS CROSSING DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025
| Storage services | |
| COMMISSIONER CONNOLLY | MELBOURNE, 28 JULY 2025 |
Application for approval of the Hoppers Crossing Distribution Centre Enterprise Agreement 2025.
An application has been made for approval of an enterprise agreement known as the Hoppers Crossing Distribution Centre Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Woolworths Group Limited (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 24 June 2025.
On 17 July 2025, the Employer was invited to address aspects of the Agreement.
As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
I note that should roster patterns and/or working arrangements change with respect to additional hours for part-time staff, the parties may make an application to the Commission for reconsideration of the BOOT pursuant to s.227A of the Act.
The ‘United Workers’ Union’ 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) of the Act I note that the Agreement covers these organisations.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 April 2029.
COMMISSIONER
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- AGLC
- Woolworths Group Limited [2025] FWCA 2478
- Case
- [2025] FWCA 2478
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the enterprise agreement provided employees with a better overall package of wages and conditions than those provided by the applicable award. This involved assessing the terms and conditions against the relevant provisions of the Retail Award 2010. The FWC also needed to determine whether the agreement was in accordance with the Fair Work Act, including compliance with procedural fairness and the requirements of the "no disadvantage test".
The FWC found that the proposed agreement provided employees with improved wages and conditions compared to the award, thus satisfying the better-off, overall test. The FWC acknowledged that while some employees would experience financial disadvantage, the overall effect of the agreement was not detrimental. The FWC further found that the agreement contained all the required minimum terms and conditions, and the process for its negotiation was procedurally fair. Consequently, the FWC approved the Hoppers Crossing Distribution Centre Enterprise Agreement 2025 for registration.
The FWC ordered the registration of the Hoppers Crossing Distribution Centre Enterprise Agreement 2025. The agreement became legally binding on the parties from the date of registration. This decision underscored the importance of ensuring that enterprise agreements provide a fair balance of benefits and protections for employees while allowing employers to manage their businesses effectively.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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