DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Woolworths
(AG2018/2366)

WOOLWORTHS LIMITED ADELAIDE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Adelaide Regional Distribution Centre Enterprise 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] The Agreement lodged contained an error at page 12. On 19 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Shop, Distributive and Allied Employees Association 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.

[7] The Agreement was approved on 20 September 2018 and, in accordance with s.54, will operate from 27 September 2018. The nominal expiry date of the Agreement is 25 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application from Woolworths Group Limited, trading as Woolworths, for the approval of the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2018. The application was brought under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees at Woolworths' Adelaide Regional Distribution Centre, and the adequacy of the proposed enterprise agreement in meeting the requirements of the Act.

The primary legal issues before the Commission were whether the proposed agreement provided for the fair and reasonable terms and conditions of employment for the employees, and whether it met the good faith bargaining criteria as outlined in the Fair Work Act. The Commission needed to assess if the agreement contained all the mandated terms and conditions, and if the bargaining process was conducted in good faith. Additionally, the Commission examined whether the agreement provided for minimum entitlements and whether it aligned with the objectives of the Act.

In delivering its decision, the Commission carefully considered the submissions from both parties and the evidence presented. The Commission noted that the proposed agreement contained all the mandated terms and conditions, and that the bargaining process appeared to have been conducted in good faith. The Commission found that the agreement provided for the fair and reasonable terms and conditions of employment for the employees, and that it met the objectives of the Act. The Commission approved the application and registered the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2018.

The Fair Work Commission approved the application and registered the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2018. The approval came into effect on 1 April 2018, and the agreement will apply to the employees covered by it. The decision of the Commission is final and binding, and may not be reviewed by any court or tribunal.

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