Woolworths Group Limited T/A Woolworths

Case

[2024] FWCA 1647

3 MAY 2024


[2024] FWCA 1647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited T/A Woolworths

(AG2024/1165)

CROSSDOCK DISTRIBUTION CENTRES ENTERPRISE AGREEMENT 2024

Storage services

DEPUTY PRESIDENT SLEVIN

SYDNEY, 3 MAY 2024

Application for approval of the Crossdock Distribution Centres Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Crossdock Distribution Centres Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Woolworths Group Limited. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

  1. Section 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A.

  1. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

  1. The United Workers’ Union and the Shop, Distribution and Allied Employees’ Association, 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) I note that the Agreement covers the organisations.

  1. The Agreement was approved on 3 May 2024 and, in accordance with s.54, will operate from 24 June 2024. The nominal expiry date of the Agreement at clause 1.3(a) is 1 April 2026. 

DEPUTY PRESIDENT

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