Woolworths Group Ltd

[2021] FWCA 6793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Ltd
(AG2021/8208)

PERTH BIG W ENTERPRISE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 NOVEMBER 2021

Application for approval of the Perth BIG W Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Perth BIG W Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Woolworths Group Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 19 November 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Shop, Distributive and Allied Employees Association (SDA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The proceedings involved Woolworths Group Ltd, seeking approval of the Perth BIG W Enterprise Agreement 2021. The Fair Work Commission was tasked with examining the agreement to determine whether it complied with the relevant legislative requirements. The dispute centred around whether the agreement adequately met the standards set out in the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for approval.

The primary legal issue before the Commission was whether the agreement was "better off overall" for the employees it covered. The Commission had to assess the terms and conditions proposed in the agreement against the existing industrial instruments and ensure that the agreement did not disadvantage employees in comparison. Additionally, the Commission needed to confirm that the agreement was appropriately negotiated and that the process of approval was in line with the statutory framework.

In its reasoning, the Commission found that the proposed agreement did indeed provide for better terms and conditions for the employees involved. The agreement was negotiated in good faith and included provisions that were more favourable than those in the existing awards and agreements. The Commission was satisfied that the procedural requirements were met and that the agreement was in compliance with the legislative standards. Consequently, the Commission approved the Perth BIG W Enterprise Agreement 2021, determining that it met all the necessary criteria under the Fair Work Act 2009.

The final orders included the approval of the Perth BIG W Enterprise Agreement 2021, effective from the date specified in the agreement. The Commission also mandated that the agreement be registered with the Fair Work Commission and that it would apply to the relevant employees from the commencement date. The decision underscored the importance of ensuring that enterprise agreements provide genuine improvements for employees while adhering to the legal requirements for negotiation and approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established