DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Group Ltd
(AG2019/3106)

WOOLWORTHS LIMITED BRISBANE REGIONAL DISTRIBUTION CENTRE MAINTENANCE ENTERPRISE AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Woolworths Limited Brisbane Regional Distribution Centre Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Brisbane Regional Distribution Centre Maintenance Enterprise Agreement 2019 (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. 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Woolworths Group Ltd, an applicant, seeking approval for the Woolworths Limited Brisbane Regional Distribution Centre Maintenance Enterprise Agreement 2019. The dispute centred on the terms and conditions of employment for maintenance workers at the Brisbane Regional Distribution Centre. The Commission was tasked with determining whether the proposed agreement provided adequate protections and benefits for the employees and whether it complied with relevant industrial laws.

The central legal issues before the Commission involved the adequacy of the proposed agreement's terms and conditions, including wages, hours of work, leave entitlements, and other employment benefits. The Commission had to ensure that the agreement provided a safety net of minimum entitlements, offered no less favourable treatment than the applicable award or registered agreement, and did not undermine the operation of safety nets provided by awards or registered agreements. Furthermore, the Commission assessed whether the agreement had been made in good faith and whether the necessary procedural requirements were met during its formation.

After considering the submissions from both parties and reviewing the contents of the agreement, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement provided adequate protections and benefits for the employees, complied with relevant industrial laws, and was made in good faith. The Commission also found that the procedural requirements had been satisfied. Consequently, the Commission approved the Woolworths Limited Brisbane Regional Distribution Centre Maintenance Enterprise Agreement 2019.

In summary, the Fair Work Commission approved the proposed enterprise agreement, finding it to be fair and reasonable, compliant with relevant industrial laws, and made in good faith. The Commission's decision provided certainty and stability to the employment relationship between Woolworths Group Ltd and the maintenance workers at the Brisbane Regional Distribution Centre.

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