DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited t/a Big W Discount Department Stores
(AG2015/5208)

WOOLWORTHS LIMITED, TRADING AS BIG W WARWICK DISTRIBUTION CENTRE, ENTERPRISE AGREEMENT 2015- 2018

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COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Woolworths Limited, trading as BIG W Warwick Distribution Centre, Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited, trading as BIG W Warwick Distribution Centre, Enterprise Agreement 2015 - 2018 (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 t/a Big W Discount Department Stores. 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. 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.

[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] The Shop, Distributive and Allied Employees Association and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Limited, trading as BIG W Warwick Distribution Centre, sought approval of the Enterprise Agreement 2015 - 2018. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration. The legal issues centred on whether the agreement provided for the proper process for the resolution of disputes, whether it was free from prohibited content, and whether it complied with the good faith bargaining obligations. Additionally, the court had to determine if the agreement provided for the proper process for the resolution of disputes and whether it complied with the good faith bargaining obligations.

The Fair Work Commission examined the process through which the agreement was negotiated, considering if it was conducted in good faith and whether the parties made a genuine effort to reach an agreement. The court also scrutinised the provisions of the agreement to ensure they did not contain any prohibited content, such as provisions that would undermine the rights of employees. The Commission determined that the agreement was free from prohibited content and that the negotiation process was conducted in good faith. The court found that the agreement contained provisions for the proper process for the resolution of disputes and that it complied with the good faith bargaining obligations.

The Fair Work Commission approved the Enterprise Agreement 2015 - 2018, determining that it met all the statutory requirements for registration. The Commission found that the agreement provided for the proper process for the resolution of disputes and that it was free from prohibited content. The Commission also determined that the agreement complied with the good faith bargaining obligations. The decision was made in favour of Woolworths Limited, trading as BIG W Warwick Distribution Centre, allowing the registration of the Enterprise Agreement 2015 - 2018.

Woolworths Limited t/a Big W Discount Department Stores

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established