DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited t/a Woolworths Brisbane Liquor Distribution Centre
(AG2015/7234)

WOOLWORTHS LIMITED BRISBANE LIQUOR DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Woolworths Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Brisbane Liquor Distribution Centre Enterprise Agreement 2015 (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 Woolworths Brisbane Liquor Distribution Centre. 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. 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.

[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 Shop, Distributive and Allied Employees Association and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 2 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Limited, trading as the Woolworths Brisbane Liquor Distribution Centre, applied for approval of the Enterprise Agreement 2015 before the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the distribution centre. The Commission was tasked with determining whether the agreement met the criteria for approval as a new agreement under the Fair Work Act.

The central legal issue was whether the Enterprise Agreement 2015 complied with the legislative requirements set out in the Fair Work Act. This included ensuring that the agreement was not less favourable than the relevant national workplace determination and that it adhered to the Fair Work Act's good faith bargaining provisions. The Commission also needed to assess whether the agreement was in the best interests of the employees covered by it, considering the balance of rights and obligations, and whether it provided fair and reasonable terms and conditions.

In considering the application, the Commission examined the terms of the Enterprise Agreement 2015 in detail, including the provisions on wages, hours of work, leave, and other employment conditions. The Commission found that the agreement was not less favourable than the applicable national workplace determination and was the product of good faith bargaining. It also concluded that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the overall balance of rights and obligations. Based on these findings, the Commission approved the application for the agreement's registration.

Woolworths Limited t/a Woolworths Brisbane Liquor 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