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

[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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Woolworths Limited and Woolworths (South Australia) Pty Limited, trading as Woolworths Petrol, sought approval for the Woolworths Petrol Enterprise Agreement 2012. The application was before the Fair Work Commission, which was required to determine if the agreement met the necessary legal standards and provisions as per the Fair Work Act 2009. The dispute arose from the employees' contention that the proposed agreement did not adequately protect their working conditions and entitlements.

The legal issues before the court encompassed whether the agreement provided a safety net of minimum entitlements, if it allowed for proper dispute resolution mechanisms, and if it complied with procedural requirements such as the necessity of genuine bargaining. Additionally, the court had to consider whether the agreement included appropriate provisions for employees' health, safety, and welfare.

In deliberating on these issues, the Fair Work Commission examined the specifics of the proposed agreement and the evidence provided by both parties. The court assessed the fairness and adequacy of the terms, ensuring they met the statutory obligations under the Fair Work Act. It was determined that the agreement sufficiently provided for minimum entitlements, included effective dispute resolution processes, and complied with procedural requirements. Therefore, the Commission approved the application, confirming that the agreement was fair and appropriate for the employees covered by it.

As a result, the Fair Work Commission granted approval for the Woolworths Petrol Enterprise Agreement 2012, recognising it as meeting the necessary legal standards. This decision ensures that the agreement can be implemented, providing a framework for the employment terms and conditions of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established