Woolworths Group Ltd

[2021] FWCA 6261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Woolworths Group Ltd
(AG2021/7644)

QUEENSLAND C&F ENTERPRISE AGREEMENT 2021

Retail industry
COMMISSIONER SPENCER	BRISBANE, 13 OCTOBER 2021

Application for approval of the Queensland C&F Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Queensland C&F Enterprise Agreement 2021 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the Shop, Distributive and Allied Employees Association (SDA) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with SDA and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Woolworths Group Limited applied for the approval of the Queensland C&F Enterprise Agreement 2021. The agreement was the result of negotiations between Woolworths and the Shop, Distributive and Allied Employees Association, intended to regulate the terms and conditions of employment for certain employees of Woolworths. The dispute arose because the C&F Enterprise Agreement 2021 deviated from the Fair Work Act 2009's provisions, requiring the Court to determine whether the agreement could be approved despite these deviations.

The key legal issues before the Court were whether the agreement met the statutory requirements of the Fair Work Act 2009, specifically in relation to minimum wages and conditions, and whether the deviations from the Act were justified under the Act's provisions. The Court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the deviations were necessary to achieve a better outcome for employees.

The Court held that the C&F Enterprise Agreement 2021 met the statutory requirements of the Fair Work Act 2009, despite the deviations. The Court found that the agreement provided for fair and reasonable terms and conditions of employment and that the deviations were necessary to achieve a better outcome for employees. The Court was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and that the agreement was in the best interests of the employees. The Court approved the agreement, and it became legally binding on the parties.

The Court's final orders were that the Queensland C&F Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement would be registered on the Register of Approved Agreements and would be in effect from the date of registration. The Court also ordered that the agreement would be binding on all employees covered by the agreement, as well as on Woolworths and the Shop, Distributive and Allied Employees Association.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established