DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Woolworths
(AG2018/2641)

WOOLWORTHS REGIONAL DISTRIBUTION CENTRE (WA) AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 OCTOBER 2018

Application for approval of the Woolworths Regional Distribution Centre (WA) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Regional Distribution Centre (WA) 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 Woolworths. The Agreement is a single enterprise agreement.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers; and the Shop, Distributive 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.

[6] The Agreement was approved on 26 October 2018 and, in accordance with s.54, will operate from 2 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Woolworths Group Limited T/A Woolworths applied for the approval of the Woolworths Regional Distribution Centre (WA) Agreement 2018 by the Fair Work Commission. The dispute arose from negotiations for an enterprise agreement concerning the terms and conditions of employment for certain employees within the Western Australian distribution centres. The primary concern was the classification of certain employees under the agreement, specifically whether they should be classified as 'Production Workers' or 'Other Workers'. This classification had implications for their pay rates and entitlements.

The legal issues before the Commission centred on the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to determine whether the proposed agreement complied with the statutory requirements and whether it provided for a fair and efficient workplace. The crux of the dispute was the classification of employees and whether the proposed agreement adequately balanced the interests of both parties.

The Commission considered the principles of good faith bargaining and the necessity for a fair and efficient workplace. It found that the proposed agreement demonstrated good faith bargaining and provided for a fair and efficient workplace. The Commission emphasised the importance of the parties reaching an agreement that not only addressed their immediate needs but also allowed for future flexibility. The Commission approved the agreement, noting that it provided for a fair and efficient workplace and did not disadvantage any party.

The Fair Work Commission approved the Woolworths Regional Distribution Centre (WA) Agreement 2018, finding it met the statutory requirements under the Fair Work Act 2009. The Commission highlighted the importance of balancing the interests of both parties and ensuring the agreement provided for a fair and efficient workplace. This decision underscores the Commission's role in facilitating agreements that are fair and promote good faith bargaining.

Woolworths Group Limited T/A Woolworths

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established