DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Townsville Regional Distribution Centre
(AG2016/6201)

WOOLWORTHS LIMITED TOWNSVILLE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Woolworths Limited Townsville Regional Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Townsville 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 T/A Townsville Regional Distribution Centre. 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] 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.

[4] 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.

[5] The Australian Workers’ Union 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.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Woolworths Limited, trading as Townsville Regional Distribution Centre, which sought approval for the Woolworths Limited Townsville Regional Distribution Centre Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission, which has the jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Act. Specifically, the Commission had to determine if the agreement complied with the procedural requirements, whether it contained the necessary minimum terms and conditions, and if it was in the best interests of the employees covered by the agreement.

The Commission began its analysis by confirming that the agreement was properly negotiated and that the required procedures had been followed. It then examined the substantive provisions of the agreement to ensure they met the minimum standards outlined in the Fair Work Act. The Commission considered factors such as wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission assessed the overall fairness of the agreement, taking into account the views of both the employer and the employees' representatives. The Commission concluded that the agreement did not unfairly disadvantage any party and was in the best interests of the employees.

After thorough consideration, the Commission approved the agreement, finding that it satisfied all the statutory requirements and was fair and reasonable. The decision was based on the comprehensive analysis of the agreement's provisions and the evidence presented by both parties. The approval ensures that the terms and conditions outlined in the agreement will govern the employment of the relevant workers at the Townsville Regional Distribution Centre.

Woolworths Limited T/A Townsville Regional Distribution Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established