Woolworths Group Limited T/A Woolstar Pty Limited

[2021] FWCA 7069

[2021] FWCA 7069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Woolstar Pty Limited
(AG2021/8621)

WOOLSTAR PTY LIMITED WODONGA REGIONAL DISTRIBUTION CENTRE AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2021-2024

Retail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 DECEMBER 2021

Application for approval of the Woolstar Pty Limited Wodonga Regional Distribution Centre andthe National Union of Workers Enterprise Agreement 2021-2024.

[1] Woolworths Group Limited T/A Woolstar Pty Limited (the Applicant) has made an application for approval of an enterprise agreement known as the Woolstar Pty Limited Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 December 2021.

[3] On 6 December 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  A Form F18 was sought from the SDA if they wished for the Agreement to cover the organisation.

•  Chambers sought additional materials and submissions regarding agreement pre-approval requirements, specifically the provision of voting details to casual employees, the provision of the NERR, and the voting notification provided to employees.

•  The Agreement did not contain a definition of a shiftworker for the purposes of the NES, in accordance with s.187(4) and s.196 of the Act.

•  Clause 4.3 of the Agreement provided for representation at internal dispute resolutions steps, however, it was unclear whether employees were entitled to representation at the Fair Work Commission stage of the dispute resolution process.

•  Clause 2.5.1 regarding the withholding of NES entitlements, 2.1.4 regarding casual conversion, 3.1 regarding annual leave, 3.2 regarding personal/carer’s leave, 3.5 regarding jury service, 3.7(a) regarding public holidays, 2.5 regarding notice of termination and redundancy and clause 3.10(e) regarding family and domestic violence leave could be inconsistent with the National Employment Standards however the NES precedence term contained at clause 1.7 of the Agreement is deemed to resolve these NES concerns.

•  Chambers raised better off overall concerns regarding the minimum engagement of casual employees under the Agreement.

[4] The Applicant has submitted an undertaking in the required form dated 8 December 2021. The undertaking deals with the following topics:

•  The employer provided a definition of a shiftworker for the purposes of the National Employment Standards (NES).

•  The employer has undertaken that Step 4 of clause 4.3 (Grievance Resolution) will include an entitlement for team members to elect to continue to with the support of an employee representative who is an employee of the Company or, in the case of a Union member, seek the support and involvement of an appropriate Union Official.

•  In respect of the better off overall issue relating to the minimum engagement of casual employees, the employer has undertaken that the daily minimum Ordinary Time Hours of engagement for a casual team member will be 4 hours.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not object to the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union (UWU) and the Shop, Distributive and Allied Employees Association (SDA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2024.

COMMISSIONER

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