DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A BIG W Warwick Distribution Centre
(AG2018/3202)

BIG W WARWICK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018-2021

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 AUGUST 2018

Application for approval of the BIG W Warwick Distribution Centre Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the BIG W Warwick Distribution Centre Enterprise Agreement 2018-2021 (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 Warwick Distribution Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the BIG W Warwick Distribution Centre Enterprise Agreement 2018-2021 between Woolworths Group Limited and the Retail and Wholesale Employees Union. The application was made in accordance with section 234 of the Fair Work Act 2009, seeking the Commission’s approval of the proposed agreement. The dispute centred on whether the agreement met the requirements of the Act, specifically if it contained the necessary minimum terms and conditions and if it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement provided for the necessary minimum entitlements, if it allowed for appropriate flexibility and if it contained provisions that were not contrary to public policy. Furthermore, the Commission needed to determine if the agreement was made in good faith and if it was free from any form of coercion. The Commission had to consider the nature of the bargaining process, the content of the agreement, and if the agreement was fair and reasonable for the employees and the employer.

The Commission found that the agreement provided for all the minimum terms and conditions required by the Act and that the bargaining process was conducted in good faith. The Commission noted that the agreement contained provisions that allowed for flexibility in the workplace, which was deemed necessary for the operation of the distribution centre. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy and that the agreement was fair and reasonable for both parties. As such, the Commission approved the BIG W Warwick Distribution Centre Enterprise Agreement 2018-2021.

The final orders of the Commission were that the BIG W Warwick Distribution Centre Enterprise Agreement 2018-2021 be and is approved. The agreement will now apply to the employees of Woolworths Group Limited at the Warwick Distribution Centre for the period of 2018-2021. The approval of the agreement ensures that the employees will receive the minimum terms and conditions as required by the Act, while also providing flexibility in the workplace. The Commission’s approval of the agreement provides certainty for both the employees and the employer, and ensures that the agreement is fair and reasonable for all parties involved.

Woolworths Group Limited T/A BIG W Warwick Distribution Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established