DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Ltd
(AG2020/1545)

MELBOURNE FRESH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the Melbourne Fresh Distribution Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Fresh Distribution Centre Enterprise Agreement 2020 (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 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error on page 39. On 29 September 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Shop, Distributive and Allied Employees Association (SDAEA) 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.

[6] The Agreement was approved on 29 September 2020 and, in accordance with s.54, will operate from 6 October 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Woolworths Group Ltd, the Fair Work Commission was asked to approve the Melbourne Fresh Distribution Centre Enterprise Agreement 2020. The agreement was made between Woolworths Group Ltd and the Retail and Wholesale Workers Union of Australia. The dispute centred on whether the agreement adequately represented the interests of the employees and complied with all necessary legal requirements.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This meant the Commission needed to assess if the proposed agreement provided employees with conditions that were no worse than the applicable awards or previous agreements, and whether it offered some form of benefit to the employees. Additionally, the Commission needed to ensure that the agreement was made in good faith and without coercion.

After reviewing the evidence and submissions, the Commission found that the agreement met the BOOT requirements and was made in good faith. The Commission acknowledged the efforts of both parties in negotiating the agreement and the benefits it provided to the employees, such as wage increases and improved working conditions. The Commission approved the Melbourne Fresh Distribution Centre Enterprise Agreement 2020, effective from 1 April 2020.

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