Woolworths Limited

[2014] FWCA 498

FAIR WORK COMMISSION

DECISION

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

Woolworths Limited
(AG2014/50)

WOOLWORTHS LIMITED BRISBANE LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2014

Application for approval of the Woolworths Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2013 (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 Applicant). 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 Shop, Distributive and Allied Employees Association and the National Union of Workers have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2014. The nominal expiry date of the Agreement is 2 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Woolworths Limited, seeking approval for the Brisbane Liquor Distribution Centre Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for workers employed in the liquor distribution centre in Brisbane. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, whether it met the procedural requirements for registration, and whether it complied with the relevant provisions of the Fair Work Act. The Commission needed to consider if the agreement was genuinely negotiated and if it provided for appropriate protections for employees, including minimum rates of pay, maximum hours of work, and other employment conditions.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. It noted that the agreement provided for fair and reasonable terms for employees, including minimum rates of pay, maximum hours of work, and other employment conditions. The Commission was satisfied that the agreement met the procedural requirements for registration and complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the agreement for registration.

The Fair Work Commission approved the Brisbane Liquor Distribution Centre Enterprise Agreement 2013 for registration. The decision provides guidance for employers and employees on the requirements for a valid enterprise agreement under the Fair Work Act. The Commission's decision confirms that genuinely negotiated agreements that provide for fair and reasonable terms for employees will be approved for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established