Woolworths Limited T/A Woolstar Pty Ltd

[2014] FWCA 4750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Woolworths Limited T/A Woolstar Pty Ltd
(AG2014/1647)

WOOLSTAR PTY LIMITED WYONG REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 16 JULY 2014

Application for approval of the Woolstar Pty Limited Wyong Regional Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Woolstar Pty Limited Wyong Regional Distribution Centre Enterprise Agreement 2014 (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 Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 July 2014. On 11 July 2014 I received a signed undertaking in response to the queries from Kylie Anderson, Human Resources Manager at the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A), pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2014. The nominal expiry date of the Agreement is 30 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Limited, trading as Woolstar Pty Ltd, applied to the Fair Work Commission for approval of the Woolstar Pty Limited Wyong Regional Distribution Centre Enterprise Agreement 2014. The application involved an enterprise agreement that was intended to regulate the terms and conditions of employment for employees at Woolstar's Wyong Regional Distribution Centre. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it was made in good faith and without coercion, as mandated by the Act.

The Fair Work Commission examined the process through which the agreement was made, ensuring that there was genuine bargaining between the employer and the relevant employee representatives. The Commission also assessed whether the agreement contained all the mandatory terms prescribed by the Act and whether it provided for proper dispute resolution mechanisms. Additionally, the Commission considered whether the agreement was fair and reasonable in all its aspects, taking into account the interests of both the employees and the employer.

The Fair Work Commission concluded that the agreement was made in good faith, without any element of coercion, and that it contained all the mandatory terms required by the Act. The Commission found that the agreement was fair and reasonable, as it provided for appropriate conditions of employment, including pay rates, hours of work, and leave entitlements, while also considering the operational needs of the distribution centre. The Commission approved the agreement, noting that it balanced the interests of both parties and met all statutory requirements for approval.

The Fair Work Commission's final order was to approve the Woolstar Pty Limited Wyong Regional Distribution Centre Enterprise Agreement 2014, effective from the date of the Commission's decision. The approval meant that the agreement would regulate the employment conditions of the relevant employees, providing a framework for their working arrangements and any future disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established