Woolworths Group Limited T/A BIG W Monarto Distribution Centre

[2018] FWCA 5739

[2018] FWCA 5739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A BIG W Monarto Distribution Centre
(AG2018/2062)

BIG W MONARTO DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER PLATT	ADELAIDE, 13 SEPTEMBER 2018

Application for approval of the BIG W Monarto Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BIG W Monarto Distribution Centre Enterprise Agreement 2018 (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 T/A BIG W Monarto Distribution Centre. The agreement is a single enterprise agreement.

[2] On 17 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided an undertaking in respect of the following:

•  For the purposes of clause 5.4(e), which relates to parental leave, the employer will ensure that the clause will be applied consistently with the NES and the Long Service Leave Act 1987 (SA).

•  For the purposes of clause 2.3(c), which relates to termination of employment, the employer undertakes to ensure that its operation is consistent with the NES.

•  For the purposes of clause 2.3(e), which also relates to termination of employment, the employer notes that a period of notice may be reduced by mutual agreement of the employer and the employee. However, that this clause is not to operate inconsistently with the NES.

•  For the purposes of clause 2.5(g)(i), which relates to redundancy, the clause will now read as follows:

“(i) Where employment is terminated as a consequence of serious misconduct on the part of the Team Member.”

•  For the purposes of clause 5.6 and clause 5.9, which relates to other type of leave and emergency services leave respectively, the employer undertakes to ensure that no employee is entitled to a provision which is less beneficial or consistent with the NES.

•  For the purposes of clause 4.5(e), which relates to overtime, the employer will ensure that the employee is paid for any time off in lieu that has not been taken and that this time off in lieu will be paid at the applicable overtime rate.

•  The employer undertakes that where a Grade 2 team member commences work at 5:00am, that the shift will be for no less than 6 hours in duration. Where a team member is engaged on a minimum shift (i.e. 4 hours), that team member will be eligible for an early morning allowance as per clause 3.4(b) for that shift.

•  For the purposes of clause 3.3, which relates to penalty rates and loadings, the employer undertakes that the penalty rate applicable to both full time and part time employees on night shift from Monday to Friday will be 150%.

[4] The employer provided a copy of the undertaking to the Union and the employee bargaining representative on 7 September 2018. On 12 September 2018 I invited both the Union and the employee bargaining representatives to make a comment in relation to the undertaking. On 13 September 2018 my Chamber’s received an email from both consenting to the undertaking. As a result, I have accepted the undertaking provided by the employer and the undertakings are taken to be a term of the Agreement.

[5] The model consultation term will be adopted pursuant to s.205(2) of the Act and be taken to be a term of the agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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