Woolworths Group Limited T/A Woolworths

[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.

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.

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.

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.

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.

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.

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.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Woolworths Group Limited, trading as Woolworths, applied for the approval of the Woolworths & SDAEA Mulgrave Produce and Recycling Enterprise Agreement 2018-2022. The applicant sought approval from the Fair Work Commission to register the enterprise agreement, which had been negotiated between the applicant and the relevant union. The union, in turn, sought a number of amendments to the agreement.

The primary issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it should be approved. Key points of contention included the classification of certain roles within the agreement, the proposed changes to shift arrangements, and the implications of these changes for employee entitlements and working conditions. The Commission also needed to consider whether the agreement met the criteria for being a "better off overall" agreement as required by the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement did not meet the criteria for being a "better off overall" agreement. This was largely due to the classification of certain roles, which the Commission determined did not provide adequate protections for employees. Additionally, the proposed changes to shift arrangements were deemed to negatively impact employee entitlements. Given these findings, the Commission concluded that the agreement should not be approved. The Commission emphasised the importance of ensuring that any enterprise agreement provides fair and reasonable protections for employees, and that it meets the statutory requirements for approval.

The Fair Work Commission refused to approve the proposed enterprise agreement, citing significant concerns regarding the classification of roles and the impact on employee entitlements. The decision highlights the importance of ensuring that enterprise agreements provide adequate protections for employees and comply with the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established