Woolworths Limited T/A Beer Wine & Spirits (BWS)

[2013] FWCA 6235

FAIR WORK COMMISSION

DECISION

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

Woolworths Limited T/A Beer Wine & Spirits (BWS)
(AG2013/2389)

BWS ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 28 AUGUST 2013

Application for approval of the BWS Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BWS Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 4 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Limited, trading as Beer Wine & Spirits (BWS), applied to the Fair Work Commission for approval of the BWS Enterprise Agreement 2013. The application arose from negotiations between BWS and the Retail and Fast Food Workers Union, which resulted in the agreement. The dispute centred on the terms and conditions of employment for BWS staff, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The legal issues before the court included whether the agreement complied with the Fair Work Act 2009, particularly concerning minimum wage rates, penalty rates, and other entitlements. The court also had to consider whether the agreement provided for proper consultation and negotiation processes, and if the terms were fair and reasonable for both parties.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The commission noted that the agreement provided for minimum wage rates that met or exceeded the applicable award rates and included provisions for penalty rates and other entitlements. The commission was satisfied that the agreement was the product of proper consultation and negotiation and that the terms were fair and reasonable. The commission approved the agreement, emphasising the importance of balancing the interests of both employers and employees.

The final orders of the commission included the approval of the BWS Enterprise Agreement 2013, subject to specific conditions and the requirement for ongoing compliance with the Fair Work Act. The approved agreement was to be registered with the Fair Work Commission and would govern the employment conditions for BWS staff for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established