DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Limited T/A Woolworths Group Limited
(AG2018/3071)

WOOLWORTHS GROUP LIMITED BRISBANE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER GREGORY	MELBOURNE, 7 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Group Limited Brisbane 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 Group Limited. 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.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association and the National Union of Workers being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Group Limited T/A Woolworths Group Limited applied for the approval of the Woolworths Group Limited Brisbane Regional Distribution Centre Enterprise Agreement 2018. This application was made under section 230 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working at the Brisbane Regional Distribution Centre, with a focus on the negotiation, agreement, and approval process of the enterprise agreement.

The primary legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act, including whether it was made in good faith, whether it provided for a fair and efficient workplace, and whether it was consistent with the principles of the Act. The court also needed to determine if the agreement was properly negotiated and if it contained all the necessary minimum terms and conditions.

The Fair Work Commission found that the agreement was made in good faith and was consistent with the principles of the Act. The Commission examined the negotiation process and concluded that it was robust and involved all relevant parties. The Commission also found that the agreement provided for a fair and efficient workplace and contained all the necessary minimum terms and conditions. Therefore, the Commission approved the application for the agreement's registration.

The court issued an order approving the registration of the Woolworths Group Limited Brisbane Regional Distribution Centre Enterprise Agreement 2018, ensuring that it would be legally binding on the parties involved.

Woolworths Group Limited T/A Woolworths Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established