Woolworths Limited

[2014] FWCA 8124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited
(AG2014/7964)

WOOLWORTHS LIMITED - BUNBURY MEAT CENTRE WESTERN AUSTRALIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2014

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2014

Application for approval of the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolworths Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australasian Meat Industry Employees 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2014. The nominal expiry date of the Agreement is June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Limited, the applicant, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question related to the operations of the Bunbury Meat Centre in Western Australia and involved the Australasian Meat Industry Employees’ Union. The union, while supporting the agreement in principle, had raised concerns over certain provisions which they believed could adversely affect the employees. The Fair Work Commission was tasked with assessing whether the agreement met the statutory criteria for approval.

The central legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the 'better off overall test' and if it contained any terms that were not genuinely agreed upon by the parties. Additionally, the court had to consider whether the agreement complied with the 'no disbenefit test', ensuring that the terms did not disadvantage the employees.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the statutory requirements for approval. The court noted that the agreement had been genuinely negotiated and that the terms were transparent and accessible to the employees. Furthermore, the court was satisfied that the agreement provided for a fair balance between the interests of the employer and the employees. After careful consideration of all submissions, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act 2009.

The Fair Work Commission granted approval for the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2014, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and met all statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established