DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Woolstar Pty Limited
(AG2017/6758)

MELBOURNE LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017 -2021

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 19 JANUARY 2018

Application for approval of the Melbourne Liquor Distribution Centre Enterprise Agreement 2017 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Liquor Distribution Centre 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 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the Melbourne Liquor Distribution Centre Enterprise Agreement 2017-2021, between Woolworths Limited, trading as Woolstar Pty Limited, and its employees. The agreement was submitted for approval by the company, which sought to implement the terms of the agreement to regulate the employment conditions of its employees. The application was brought before the Fair Work Commission, which was responsible for determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Court were whether the agreement provided for the mandatory minimum entitlements of employees, and whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The Court had to determine whether the agreement provided for the minimum entitlements required under the National Employment Standards, as well as any additional entitlements required by relevant awards. Additionally, the Court had to consider whether the agreement had been made in a manner that was consistent with the procedural requirements of the Fair Work Act, including whether the agreement had been made without undue influence or coercion.

The Court found that the agreement provided for the mandatory minimum entitlements of employees, and that it had been made in accordance with the procedural requirements of the Fair Work Act. The Court noted that the agreement provided for all of the minimum entitlements required under the National Employment Standards, as well as any additional entitlements required by relevant awards. The Court also found that the agreement had been made in a manner that was consistent with the procedural requirements of the Fair Work Act, and that there was no evidence of undue influence or coercion. Accordingly, the Court approved the agreement.

The Fair Work Commission approved the Melbourne Liquor Distribution Centre Enterprise Agreement 2017-2021, finding that it provided for the mandatory minimum entitlements of employees and had been made in accordance with the procedural requirements of the Fair Work Act.

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