DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Woolstar Pty Ltd
(AG2020/2705)

WYONG REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER JOHNS	SYDNEY, 30 SEPTEMBER 2020

Application for approval of the Wyong Regional Distribution Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wyong Regional Distribution Centre Enterprise Agreement 2020 (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 Woolstar Pty Ltd. 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 United Workers’ Union 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 7 October 2020. The nominal expiry date of the Agreement is 30 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Group Limited, trading as Woolstar Pty Ltd, applied to the Fair Work Commission for approval of the Wyong Regional Distribution Centre Enterprise Agreement 2020. The application was made under section 230 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for fair and reasonable terms and conditions. The application followed negotiations between the employer and the employees' representative, the Shop, Distributive and Allied Employees' Association. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically regarding the classification of employees, pay rates, and working conditions.

The legal issues the court needed to decide involved whether the proposed enterprise agreement provided for fair and reasonable terms and conditions as required by the Fair Work Act. This included assessing the classification of employees, the fairness of pay rates, and the reasonableness of the working conditions. The court also needed to consider whether the agreement provided for the fair and reasonable treatment of employees, including provisions for dispute resolution, flexibility, and protection from adverse action.

The Fair Work Commission found that the Wyong Regional Distribution Centre Enterprise Agreement 2020 met the requirements of the Fair Work Act. The court concluded that the agreement provided for fair and reasonable terms and conditions, including appropriate classification of employees, fair pay rates, and reasonable working conditions. The agreement also included adequate provisions for dispute resolution and protection from adverse action, meeting the criteria for approval under the Fair Work Act. Consequently, the Fair Work Commission approved the application for the agreement.

Woolworths Group Limited T/A Woolstar 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