DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Philip Leong Stores Pty Ltd
(AG2015/655)

PHILIP LEONG STORES PTY LTD SYDNEY LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 7 APRIL 2015

Application for approval of the Philip Leong Stores Pty Ltd - Sydney Liquor Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Philip Leong Stores Pty Ltd - Sydney Liquor Distribution Centre Enterprise Agreement 2014 (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 (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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.

[3] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2015. The nominal expiry date of the Agreement is 21 August 2017.

COMMISSIONER

Annexure A

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CaseChat Overview and Summary

Woolworths Limited, trading as Philip Leong Stores Pty Ltd, applied for the approval of the Philip Leong Stores Pty Ltd - Sydney Liquor Distribution Centre Enterprise Agreement 2014. The application was heard in the Fair Work Commission, with the primary issue being whether the agreement complied with the Fair Work Act 2009 and whether it should be certified as a single-employer enterprise agreement. The dispute arose from the negotiations between Woolworths and the employees represented by the Liquor, Hospitality and Miscellaneous Workers' Union. The crux of the legal issues was the interpretation of the Act's provisions concerning the validity and certification of enterprise agreements. The court had to determine if the agreement met the necessary criteria for approval, including whether it was a bona fide agreement, free from prohibited content, and if it provided for the proper protection of employees' rights.

The Fair Work Commission assessed the agreement against the statutory requirements, focusing on the procedural fairness of the negotiation process and the substantive provisions of the agreement. The Commission found that the agreement was negotiated in good faith and that it did not contain any prohibited content. Furthermore, the agreement was deemed to provide for the proper protection of employees' rights and interests, including minimum wages, penalty rates, and other conditions of employment. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act 2009 and granted the application for certification. The court emphasised the importance of the negotiation process and the need for compliance with the Act's provisions to ensure that the agreement was a true reflection of the parties' intentions.

The Fair Work Commission certified the Philip Leong Stores Pty Ltd - Sydney Liquor Distribution Centre Enterprise Agreement 2014 as a single-employer enterprise agreement, effective from the date of the decision. The Commission found that the agreement was a genuine enterprise agreement that provided for the proper protection of employees' rights and interests. The court's decision provided clarity on the application of the Fair Work Act 2009 in relation to the certification of enterprise agreements and the importance of procedural fairness in the negotiation process. The outcome of the case reinforced the need for compliance with the Act's provisions to ensure that the agreement was a true reflection of the parties' intentions and provided for the proper protection of employees' rights.

Woolworths Limited T/A Philip Leong Stores 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