Woolworths Group Limited T/A Big W Distribution Centre Of East Street, Warwick, Qld

[2024] FWCA 1643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited T/A Big W Distribution Centre Of East Street, Warwick, Qld

(AG2024/1054)

BIG W WARWICK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER TRAN	MELBOURNE, 7 MAY 2024

Application for approval of the BIG W Warwick Distribution Centre Enterprise Agreement 2024

Woolworths Group Limited T/A Big W Distribution Centre of East Street, Warwick, Qld has applied for approval of an enterprise agreement known as the BIG W Warwick Distribution Centre Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

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.

I note that the following clauses may be inconsistent with the National Employment Standards:

- Clauses 4.2.3(b) and 4.2.6(a) – Personal/Carer’s Leave due to more stringent notice requirements than permitted by s 107(2)(a); and
- Clauses 6.6(e) – Deductions due to its capacity to reduce an employee’s NES entitlements payable on termination; and

- Clause 4.6(e) – Abandonment as it does not specify the entitlement to payment of notice of termination in accordance with ss 117-123 of the Act.

The Agreement contains a National Employment Standards precedence clause at Clause 1.3. The Employer also provided undertakings in relation to these issues. I am satisfied that the more beneficial entitlements of the NES will prevail.

Subject to the undertakings and other matters referred to above, 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.

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 May 2024.

In accordance with Clause 1.4, the nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Woolworths Group Limited, trading as the Big W Warwick Distribution Centre of East Street, Warwick, Queensland, sought approval of the BIG W Warwick Distribution Centre Enterprise Agreement 2024. This application was made to the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centered around whether the proposed agreement met the necessary legal standards and conditions for approval, including fairness, compliance with legislative requirements, and whether it had been fairly negotiated.

The legal issues before the court included verifying whether the agreement contained all the mandated terms and conditions, assessing if it met the 'better off overall test', and ensuring that it did not contravene any provisions of the Fair Work Act. Additionally, the court had to consider if the agreement had been negotiated in good faith and whether it provided for appropriate dispute resolution mechanisms. The court's role was to ensure that the agreement provided fair and reasonable terms for the employees and did not unfairly disadvantage any party.

In its decision, the Fair Work Commission determined that the proposed agreement complied with all necessary legislative requirements and was fair and reasonable. The Commission found that the agreement contained all mandated terms and conditions, met the 'better off overall test', and was negotiated in good faith. The agreement was also found to provide appropriate mechanisms for dispute resolution. Consequently, the Commission approved the BIG W Warwick Distribution Centre Enterprise Agreement 2024, acknowledging that it was in line with the principles of the Fair Work Act and protected the rights of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established