Woolworths Group Limited T/A Woolworths

[2018] FWCA 4768

[2018] FWCA 4768

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths Group Limited T/A Woolworths

(AG2018/1842)

Woolworths & SDAEA Mulgrave Produce and Recycling Enterprise Agreement 2018-2022

Storage services
Commissioner McKinnon	MELBOURNE, 14 AUGUST 2018

Application for approval of the Woolworths & SDAEA Mulgrave Produce and Recycling Enterprise Agreement 2018-2022.

1. An application has been made for approval of an enterprise agreement known as the Woolworths & SDAEA Mulgrave Produce and Recycling Enterprise Agreement 2018-2022 (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.

1. Written undertakings have been given in accordance with s.190. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 31 March 2022.

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Annexure A