DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Philip Leong Stores Pty Ltd
(AG2018/27)

SYDNEY LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 23 MAY 2018

Application for approval of the Sydney Liquor Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Liquor 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 Philip Leong Stores Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Woolworths Group Limited T/A Philip Leong Stores Pty Ltd, the dispute was brought before the Fair Work Commission. The application was for approval of the Sydney Liquor Distribution Centre Enterprise Agreement 2018. The primary parties involved were Woolworths Group Limited, acting as the employer, and the retail and fast food industries union, representing the employees.

The legal issues central to this case centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement met the minimum terms and conditions set out in the Act, including provisions for minimum rates of pay, maximum ordinary hours of work, and leave entitlements. Additionally, the Commission examined whether the agreement provided for fair and efficient mechanisms for resolving disputes between the employer and employees.

In deliberating on these issues, the Fair Work Commission carefully reviewed the terms of the enterprise agreement against the statutory minimum standards. The Commission found that the agreement contained provisions that met or exceeded the minimum requirements established under the Fair Work Act. The Commission also noted that the agreement provided for clear and accessible dispute resolution mechanisms, which were considered fair and efficient. Based on this analysis, the Commission approved the application, finding that the Sydney Liquor Distribution Centre Enterprise Agreement 2018 was compliant with the Act and therefore eligible for registration.

As a result of the Commission's approval, the enterprise agreement was registered, effective from the date of the decision. This registration legally binds the employer and the employees to the terms and conditions outlined in the agreement, ensuring that both parties are provided with the minimum protections required by law.

Woolworths Group Limited T/A Philip Leong Stores Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established