DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Dan Murphy’s
(AG2019/3618)

DAN MURPHY’S AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 21 OCTOBER 2019

Application for approval of the Dan Murphy’s Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dan Murphy’s Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Woolworths Group Limited T/A Dan Murphy’s. 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 (SDA) 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 28 October 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Group Limited, trading as Dan Murphy’s, applied to the Fair Work Commission for the approval of the Dan Murphy’s Agreement 2019. The application involved a number of employees who were engaged in the retail liquor sector across various states in Australia. The primary nature of the dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The court was tasked with determining whether the proposed agreement provided fair and reasonable terms for the employees. This required the court to consider whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Key issues included whether the agreement allowed for genuine bargaining between the parties, and if it provided for the fair and reasonable terms as required by the legislation.

In delivering its decision, the Fair Work Commission carefully examined the process through which the agreement was negotiated and the content of the agreement itself. The court found that the negotiation process was procedurally sound, with evidence of genuine efforts by both parties to reach an agreement. The terms of the agreement were also considered to be fair and reasonable, providing adequate protections and benefits for the employees while balancing the interests of the employer. The court noted the absence of significant detriment to the employees and concluded that the agreement met the necessary criteria for approval. The application was ultimately approved, and the Dan Murphy’s Agreement 2019 was ratified as a legally binding enterprise agreement.

Woolworths Group Limited T/A Dan Murphy’s

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established