Woolworths Limited and Queensland Properties Investments Pty Ltd

[2013] FWCA 10176

FAIR WORK COMMISSION

DECISION

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

Woolworths Limited and Queensland Properties Investments Pty Ltd
(AG2013/10462)

WOOLWORTHS LIMITED AND QUEENSLAND PROPERTIES INVESTMENT PTY LTD SYDNEY REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Woolworths Limited and Queensland Properties Investment Pty Ltd Sydney Regional Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited and Queensland Properties Investment Pty Ltd Sydney Regional 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 and Queensland Properties Investment Pty Ltd (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 and the Transport Workers’ Union of Australia 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 30 December 2013. The nominal expiry date of the Agreement is 3 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Woolworths Limited and Queensland Properties Investments Pty Ltd for the approval of the Sydney Regional Distribution Centre Enterprise Agreement 2013. The dispute arose from negotiations concerning the terms and conditions of employment for the workers involved. The Commission was tasked with assessing whether the proposed agreement complied with the relevant statutory requirements and provided for fair and reasonable terms and conditions of employment.

The primary legal issue the Commission had to address was whether the agreement met the criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it covered a relevant bargaining group, and if it provided for terms and conditions that were fair and reasonable. The Commission also had to consider if the agreement contained all the mandated minimum terms and conditions, and if the parties had met their obligations under the Act during the bargaining process.

In making its decision, the Commission examined the evidence presented by both parties, including the process of negotiations and the content of the agreement. The Commission concluded that the agreement was made in good faith and covered the appropriate bargaining group. It found that the agreement provided for fair and reasonable terms and conditions, and that all mandated minimum terms were included. The Commission further determined that the parties had complied with their statutory obligations throughout the bargaining process. Based on these findings, the Commission approved the agreement, stating that it met all necessary criteria and was in the best interests of the employees involved.

The final orders of the Commission were that the Sydney Regional Distribution Centre Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision marked the formal recognition of the terms and conditions set out in the agreement, which would govern the employment of workers within the specified scope for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established