Woolworths Limited and Woolworths (South Australia) Pty Limited T/A Woolworths Petrol

[2013] FWCA 1473

[2013] FWCA 1473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited and Woolworths (South Australia) Pty Limited
T/A Woolworths Petrol
(AG2013/4436)

WOOLWORTHS PETROL ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER GOOLEY	MELBOURNE, 14 MARCH 2013

Application for approval of the Woolworths Petrol Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Petrol Enterprise Agreement 2012 (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 Woolworths (South Australia) Pty Limited T/A Woolworths Petrol. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Shop, Distributive and Allied Employees’ Association, 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 Australian Workers’ 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 8 March 2013 and, in accordance with s.54, will operate from 15 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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ANNEXURE A