DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Queensland Property Investments Pty Ltd
(AG2018/211)

MELBOURNE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017-2020

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MAY 2018

Application for approval of the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 (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 Queensland Property Investments 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 National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolworths Limited T/A Queensland Property Investments Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for being a lawful enterprise agreement. The Fair Work Commission was tasked with examining the agreement's compliance with various statutory provisions and determining if it was appropriately made and met the criteria for being a simple, low-risk enterprise agreement.

The legal issues before the Commission included whether the agreement was made by genuine negotiation, whether it covered all employees and bargaining units as stipulated, and if it contained the necessary minimum terms and conditions as required by law. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, ensuring that it did not unfairly disadvantage any party. Additionally, the Commission had to determine if the agreement met the criteria for being a simple, low-risk enterprise agreement, which would exempt it from certain procedural requirements.

In delivering its decision, the Fair Work Commission found that the proposed agreement met all the statutory requirements for being a lawful enterprise agreement. The Commission was satisfied that the agreement was genuinely negotiated between the parties, covered all relevant employees and bargaining units, and contained all the necessary minimum terms and conditions. Furthermore, the Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and met the criteria for being a simple, low-risk enterprise agreement. Based on these findings, the Commission approved the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020.

The Commission ordered that the Melbourne Regional Distribution Centre Enterprise Agreement 2017-2020 be approved as a lawful enterprise agreement, effective from the date of the decision. This approval meant that the agreement would now govern the terms and conditions of employment for the relevant employees, and the parties were bound by its provisions. The decision provided clarity and certainty for the parties involved and ensured that the agreement complied with the legal requirements under the Fair Work Act 2009.

Woolworths Limited T/A Queensland Property Investments 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