Woolworths Group Limited T/A Woolworths

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application for approval of the Crossdock Distribution Centres Enterprise Agreement 2024 were Woolworths Group Limited, trading as Woolworths, and the National Union of Workers. The dispute arose from the negotiation of a new enterprise agreement for employees working in Woolworths’ crossdock distribution centres. The Fair Work Commission was the court that heard the matter.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it contained appropriate mechanisms for resolving disputes, and if it complied with the provisions of the Fair Work Act. The court also had to consider whether the agreement provided for the fair treatment of employees and if it was likely to promote improved productivity and efficiency.

The Fair Work Commission found that the proposed Crossdock Distribution Centres Enterprise Agreement 2024 was made in good faith and contained appropriate mechanisms for resolving disputes. The court determined that the agreement provided for the fair treatment of employees and was likely to promote improved productivity and efficiency. The Commission was satisfied that the agreement complied with the provisions of the Fair Work Act. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Crossdock Distribution Centres Enterprise Agreement 2024 be approved and registered under the Fair Work Act. This decision effectively formalises the terms and conditions of employment for the employees working in Woolworths’ crossdock distribution centres for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established