DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Woolstar Pty Limited Wodonga Regional Distribution Centre
(AG2015/6938)

WOOLSTAR PTY LIMITED WODONGA REGIONAL DISTRIBUTION CENTRE AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015 - 2017

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COMMISSIONER ROE	MELBOURNE, 28 JANUARY 2016

Application for approval of the Woolstar Pty Limited Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woolstar Pty Limited Wodonga Regional Distribution Centre and the National Union of Workers Enterprise Agreement 2015 - 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 Wodonga Regional Distribution Centre. 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] Regarding the attached undertakings, I note that the second undertaking will be of no effect. Instead, 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 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.

[6] The Agreement was approved on 28 January 2016 and, in accordance with s.54, will operate from 4 February 2016. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were Woolworths Limited trading as Woolstar Pty Limited, a company operating a regional distribution centre in Wodonga, and the National Union of Workers. The dispute concerned the application for approval of a particular enterprise agreement, the "NUW Enterprise Agreement 2015-2017," which had been negotiated between the company and the union. The matter was brought before the Fair Work Commission, an Australian labour tribunal with jurisdiction over workplace relations and industrial disputes.

The central legal issue before the Commission was whether the enterprise agreement in question was in compliance with the relevant statutory framework, specifically the Fair Work Act 2009. This required the Commission to examine the agreement's provisions and assess whether it met the criteria for "registered" status, including ensuring the agreement did not have an adverse effect on employees' job security or safety, and that it was not contrary to public policy. Furthermore, the Commission needed to ensure that the agreement had been made in good faith and that the process leading to its creation was fair and appropriate.

The Commission found that the NUW Enterprise Agreement 2015-2017 was in compliance with the statutory requirements set out in the Fair Work Act. It determined that the agreement did not have an adverse effect on employees' job security or safety, nor was it contrary to public policy. Additionally, the Commission was satisfied that the agreement had been made in good faith and that the process leading to its creation was fair and appropriate. As such, the Commission approved the enterprise agreement, and it was registered with the Fair Work Commission.

Consequently, the Commission's decision resulted in the formal approval and registration of the NUW Enterprise Agreement 2015-2017, enabling it to take effect and govern the terms and conditions of employment for the relevant employees at the Woolstar Pty Limited Wodonga Regional Distribution Centre. This decision provided clarity and certainty for both the company and the union, ensuring that the agreement would be legally binding and enforceable in accordance with the provisions of the Fair Work Act.

Woolworths Limited T/A Woolstar Pty Limited Wodonga 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