[2018] FWCA 419

The attached document replaces the document previously issued with the above code on 19 January 2018.

Agreement name incorrect on decision published.

Member Assist

Dated: 23 January 2018

[2018] FWCA 419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Woolstar Pty Limited
(AG2017/6759)

WOOLSTAR PTY LIMITED WODONGA REGIONAL DISTRIBUTION CENTRE AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017 - 2021

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 19 JANUARY 2018

Application for approval of the Woolstar Pty Lmited Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Woolstar Pty Lmited Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2017 - 2021 (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 Woolstar Pty Limited. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woolworths Limited, trading as Woolstar Pty Limited, sought approval for the Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission. The National Union of Workers, representing employees of Woolstar, opposed the application on various grounds, including concerns about the fairness and compliance of the enterprise agreement with relevant industrial laws.

The central legal issues the court had to address involved whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the fair and reasonable testing of the agreement, and whether the agreement was made in good faith and without coercion. The court also considered whether the agreement appropriately balanced the interests of both employees and the employer.

In reaching its decision, the Fair Work Commission examined the provisions of the enterprise agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and without coercion, and that it contained terms and conditions that were fair and reasonable. The Commission highlighted the procedural fairness of the negotiation process and the agreement's compliance with statutory requirements. Consequently, the Commission approved the enterprise agreement, finding it to be satisfactory in all respects.

The Fair Work Commission approved the National Union of Workers Enterprise Agreement 2017-2021 for Woolstar Pty Limited, validating the terms and conditions set out in the agreement.

Woolworths Limited T/A Woolstar Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established