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

[2024] FWCA 1643

[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

1. 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).          

1. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

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

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

COMMISSIONER

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Annexure A