DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Woolstar Pty Limited
(AG2017/5887)

WYONG REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JANUARY 2018

Application for approval of the Wyong Regional Distribution Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wyong Regional Distribution Centre Enterprise Agreement 2017 (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] 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] 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 24 January 2018. The nominal expiry date of the Agreement is 30 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolworths Limited, trading as Woolstar Pty Limited, applied to the Fair Work Commission for approval of the Wyong Regional Distribution Centre Enterprise Agreement 2017. The application was contested by the Retail and Fast Food Workers Union of Australia, which raised concerns about the terms and conditions outlined in the agreement.

The primary legal issue before the court was whether the terms and conditions in the enterprise agreement were fair and reasonable, and if the agreement had been genuinely negotiated as required by the Fair Work Act 2009. The union argued that the agreement did not adequately protect the rights and entitlements of employees, particularly regarding pay rates, penalty rates, and annual leave provisions.

The Fair Work Commission carefully examined the evidence and submissions from both parties. The commission found that while there were areas of contention, the overall terms of the agreement were fair and reasonable. The commission also determined that the agreement had been genuinely negotiated and was not made under duress. Consequently, the commission approved the Wyong Regional Distribution Centre Enterprise Agreement 2017.

The final orders included the approval of the enterprise agreement with specific conditions to ensure that any disputes arising from its implementation would be dealt with appropriately. The commission emphasised the importance of maintaining a constructive dialogue between the employer and employees to address any ongoing concerns.

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