DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Ltd
(AG2020/3097)

TOWNSVILLE RDC ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the Townsville RDC Enterprise Agreement 2020

[1] Woolworths Group Ltd has made an application for approval of an enterprise agreement known as the Townsville RDC Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 November 2020 and, in accordance with s 54, will operate from 18 November 2020. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Woolworths Group Ltd for approval of the Townsville Regional Distribution Centre Enterprise Agreement 2020. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workers at the Townsville Regional Distribution Centre, including matters such as wages, hours of work, and other employment-related provisions.

The primary legal issue before the court was whether the Enterprise Agreement complied with the requirements of the Fair Work Act. Specifically, the court had to examine whether the agreement provided for the appropriate minimum terms, ensured procedural fairness in its creation, and was in the best interests of the employees. Additionally, the court considered whether the agreement had been made in good faith and whether it was consistent with the principles of the national workplace relations system.

In its decision, the Fair Work Commission found that the Townsville RDC Enterprise Agreement 2020 did indeed meet the statutory requirements. The Commission determined that the agreement provided for the appropriate minimum terms as set out in the Fair Work Act, including minimum wages, penalty rates, and leave provisions. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that it was consistent with the broader objectives of the national workplace relations system. The Commission also concluded that the agreement had been developed through a process that ensured procedural fairness and that it was in the best interests of the employees involved. Therefore, the application for approval of the agreement was granted.

Woolworths Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established