Woolworths Group Limited Summary

[2025] FWCA 996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Woolworths Group Limited

(AG2025/563)

WOOLWORTHS 360 FORMAT DEVELOPMENT (QUEENSLAND SERVICE) ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER DURHAM	BRISBANE, 21 MARCH 2025

Application for approval of the Woolworths 360 Format Development (Queensland Service) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Woolworths 360 Format Development (Queensland Service) Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.3b of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 128V (CEPU) - Plumbing Division, Queensland Divisional Branch (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Woolworths Group Limited, the Fair Work Commission addressed an application for the approval of a new enterprise agreement affecting Queensland service employees. The dispute centred around the terms of the proposed Woolworths 360 Format Development (Queensland Service) Enterprise Agreement 2024, which sought to govern the employment conditions for certain workers within the Woolworths Group in Queensland. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, including matters such as pay, hours of work, and other employment-related provisions. Additionally, the Commission needed to ensure that the agreement complied with procedural fairness, meaning it was properly negotiated and presented. The application's compliance with the 'better off overall test' was also a key consideration, requiring the Commission to conclude that the proposed agreement would provide employees with a minimum standard of pay and conditions better than those they would have under existing awards or agreements.

After thorough deliberation, the Commission found that the Woolworths 360 Format Development (Queensland Service) Enterprise Agreement 2024 was fair and reasonable. The Commission noted that the agreement provided for appropriate pay rates and conditions, taking into account the unique operational needs of the Woolworths Group. Furthermore, the agreement was deemed to have been negotiated in good faith and met the 'better off overall test', ensuring employees would benefit from the terms outlined. The Commission was satisfied that the proposed agreement complied with all necessary statutory requirements and did not contain any provisions that would be detrimental to the employees. As a result, the application for approval was granted.

The final orders included the approval of the Woolworths 360 Format Development (Queensland Service) Enterprise Agreement 2024, which is now to be registered and in effect for the specified period. This decision sets a precedent for similar agreements and provides clarity on the standards expected by the Commission when evaluating enterprise agreements.

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