DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited; Queensland Property Investment Pty Ltd
(AG2017/46)

WOOLWORTHS LIMITED AND QUEENSLAND PROPERTIES INVESTMENTS PTY LIMITED SYDNEY REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Woolworths Limited and Queensland Properties Investments Pty Limited Sydney Regional Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited and Queensland Properties Investments Pty Limited Sydney Regional Distribution Centre Enterprise Agreement 2016 (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; Queensland Property Investment Pty Ltd. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Transport Workers’ Union of Australia 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 6 February 2017 and, in accordance with s.54, will operate from 13 February 2017. The nominal expiry date of the Agreement is 3 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolworths Limited and Queensland Property Investment Pty Ltd applied to the Fair Work Commission for approval of their Sydney Regional Distribution Centre Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for direct registration, including whether it promoted harmonious, productive and equitable workplace relations. The Commission needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act and whether it met the standards of procedural and substantive fairness.

In determining whether the agreement met the criteria for direct registration, the Commission examined the bargaining process, the content of the agreement and its impact on workplace relations. The Commission found that the agreement was the product of genuine bargaining and that it contained provisions that promoted harmonious, productive and equitable workplace relations. The agreement provided for a structured bargaining process, allowed for the resolution of disputes through a multi-step procedure and contained provisions that addressed key workplace issues such as wages, hours of work and other conditions of employment. The Commission also found that the agreement met the standards of procedural and substantive fairness and that it provided for a fair and reasonable outcome for both parties.

The Commission approved the agreement for direct registration under section 232 of the Fair Work Act. The agreement will now be registered and will apply to the employees covered by the agreement from the date of registration. The parties are bound by the terms of the agreement and must comply with its provisions. The approval of the agreement is a significant outcome for both parties and provides a framework for the resolution of workplace issues in the future.

The Fair Work Commission approved the Woolworths Limited and Queensland Property Investment Pty Ltd Sydney Regional Distribution Centre Enterprise Agreement 2016 for direct registration under section 232 of the Fair Work Act. The agreement is now registered and will apply to the employees covered by the agreement from the date of registration. Both parties are bound by the terms of the agreement and must comply with its provisions. The approval of the agreement provides a framework for the resolution of workplace issues in the future.

Woolworths Limited; Queensland Property Investment Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established