DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A BWS - Beer, Wine and Spirits
(AG2019/2222)

BWS AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 10 JULY 2019

Application for approval of the BWS Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BWS Agreement 2019 (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 BWS - Beer, Wine and Spirits. The Agreement is a single enterprise agreement.

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

[3] The Shop, Distributive and Allied Employees’ Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Woolworths Group Limited, trading as Beer, Wine and Spirits (BWS), sought approval for the BWS Agreement 2019. The agreement, which aimed to regulate various aspects of the employment conditions of BWS employees, was brought forth to ensure compliance with the Fair Work Act 2009. The dispute centred on the fairness and appropriateness of the agreement terms concerning employee working hours, leave entitlements, and other employment conditions.

The court was tasked with determining whether the proposed agreement met the criteria for being a simpler, more streamlined process (SMP) agreement under the Fair Work Act. Specifically, the court had to assess if the agreement was procedurally fair and if it contained terms that would be beneficial to the employees. This involved examining whether the agreement provided for fair and reasonable terms, and if it was made in good faith.

The Federal Circuit Court found that the BWS Agreement 2019 met the procedural fairness requirements and contained terms that were fair and reasonable. The court was satisfied that the agreement was made in good faith and would provide benefits to the employees. Consequently, the court approved the agreement, allowing it to be implemented for the employees of BWS. The decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the objectives of the Fair Work Act.

Woolworths Group Limited T/A BWS - Beer, Wine and Spirits

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established