DECISION

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

Woolworths Limited T/A Woolworths Limited Adelaide Regional Distribution Centre
(AG2014/8176)

WOOLWORTHS LIMITED ADELAIDE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited Adelaide 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 Woolworths Limited Adelaide Regional Distribution Centre (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 3 December 2014. On 8 December 2014 I received a signed undertaking in response to the queries from Andrew Lewis, Logistics Manager. 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) of the Act, 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 Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 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 22 December 2014. The nominal expiry date of the Agreement is 25 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Limited T/A Woolworths Limited Adelaide Regional Distribution Centre applied to the Fair Work Commission for approval of the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2014. The applicant sought approval under section 231 of the Fair Work Act 2009 for the agreement that had been negotiated with the Shop, Distributive and Allied Employees' Association (SDA). The SDA represented employees who were employed by the applicant at the Adelaide Regional Distribution Centre.

The applicant argued that the agreement met the requirements of the Fair Work Act and should be approved. The legal issues for the Fair Work Commission to determine included whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for a streamlined process for resolving disputes.

The Fair Work Commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions. The Commission considered that the agreement was in the best interests of the employees and provided for a streamlined process for resolving disputes. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission made an order approving the Woolworths Limited Adelaide Regional Distribution Centre Enterprise Agreement 2014. The order was made on the basis that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees.

Woolworths Limited T/A Woolworths Limited Adelaide Regional Distribution Centre

DECISION

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Legal Principle Established