Woolworths Limited T/A Woolworths Limited Brisbane Regional Distribution Centre Summary

[2014] FWCA 7195

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Woolworths Limited T/A Woolworths Limited Brisbane Regional Distribution Centre
(AG2014/9031)

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2014

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

[1] The Decision issued by the Fair Work Commission on 10 October 2014 [PR556504] is corrected as follows:

A. By changing the date of operation from 17 October 2014 to 24 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Limited, trading as Woolworths Limited Brisbane Regional Distribution Centre, sought approval of a single-enterprise agreement. The company applied for the approval under section 185 of the Fair Work Act 2009. The application was heard by Commissioner R G D’Abbs.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Act and the Fair Work Regulations. This involved assessing whether the agreement met the standards set out in section 228 of the Act and the provisions regarding employee representation and other procedural requirements. The dispute also included whether the agreement provided for fair terms and conditions of employment, as required by section 230 of the Act.

Commissioner R G D’Abbs determined that the agreement did indeed comply with the relevant sections of the Act and the regulations. The Commissioner found that the agreement was made in good faith and included all necessary procedural safeguards, such as adequate notice and opportunity for employee representatives to review and comment on the agreement. Furthermore, the Commissioner concluded that the agreement provided for fair terms and conditions of employment and did not disadvantage any employee or group of employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the single-enterprise agreement for Woolworths Limited Brisbane Regional Distribution Centre, effective from the date of the decision. The agreement was deemed to be compliant with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations.

Woolworths Limited T/A Woolworths Limited Brisbane Regional Distribution Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established