Woolworths Limited Summary

[2013] FWCA 9662

FAIR WORK COMMISSION

DECISION

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

Woolworths Limited
(AG2013/10299)

WOOLWORTHS LIMITED AND WOOLSTAR PTY LIMITED SYDNEY NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2013

Application for approval of the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited and Woolstar Pty Limited Sydney National 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. 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.

[3] The National Union of Workers 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 16 December 2013. The nominal expiry date of the Agreement is 17 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was made by Woolworths Limited for the approval of the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for workers at Woolworths' Sydney National Distribution Centre, including issues related to wages, working hours, leave provisions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it had been negotiated in good faith. The Commission had to consider whether the agreement provided for minimum rates of pay, classification of employees, and provisions for overtime and penalty rates, among other mandatory terms. Additionally, the Commission needed to assess if there was sufficient evidence of genuine negotiation between the parties, as required by the Act. The application for approval hinged on the compliance of the agreement with these statutory obligations and the demonstration of good faith negotiation.

The Fair Work Commission found that the enterprise agreement contained all the mandatory terms required by the Fair Work Act. The Commission noted that the agreement addressed key areas such as minimum wage rates, classification of employees, and provisions for overtime and penalty rates. Furthermore, the Commission was satisfied that there was sufficient evidence to conclude that the agreement had been negotiated in good faith. The Commission considered the process followed in negotiating the agreement, the involvement of employee representatives, and the overall fairness of the terms proposed. Based on these findings, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and the genuine nature of the negotiation process.

The Fair Work Commission approved the Woolworths Limited and Woolstar Pty Limited Sydney National Distribution Centre Enterprise Agreement 2013, deeming it to meet all statutory requirements and to have been negotiated in good faith. The approval signified that the agreement would now govern the employment conditions for the relevant workers, providing a framework for wages, working hours, and other employment terms.

Woolworths Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established