DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited
(AG2016/6535)

WOOLWORTHS LIMITED - BUNBURY MEAT CENTRE WESTERN AUSTRALIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2016

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The Australasian Meat Industry Employees Union 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.

[6] The Agreement was approved on 22 December 2016 and, in accordance with s.54, will operate from 29 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woolworths Limited, trading as Woolworths Supermarkets, sought approval for an enterprise agreement with the Australasian Meat Industry Employees’ Union. The proposed agreement, named the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2016, was subject to dispute over certain terms and conditions of employment for employees working in meat processing and retail within Woolworths' Bunbury Meat Centre in Western Australia. The Union argued that the agreement failed to comply with the Fair Work Act 2009 due to various deficiencies in the bargaining process and the terms of the proposed agreement itself.

The court was required to determine whether the application for approval of the agreement was valid and whether the agreement met the legal requirements for approval. Key issues included the representation of the employees by the Union, the process of bargaining, and the compliance of the agreement with the provisions of the Fair Work Act, particularly regarding the direct and indirect dismissal provisions and the treatment of employees. Additionally, the court had to assess whether the proposed agreement provided for terms and conditions that were fair and reasonable.

The Fair Work Commission found that the Union was appropriately representing the employees and that the bargaining process was conducted in good faith. The court also determined that the proposed agreement complied with the Fair Work Act, including the direct and indirect dismissal provisions, and that the terms and conditions were fair and reasonable. The court emphasised the importance of protecting the rights of employees in the meat processing and retail sectors and the need for a fair and balanced agreement that considered the interests of both employers and employees. The application for approval was granted, and the agreement was approved as a registered agreement.

The final orders included the registration of the Woolworths Limited - Bunbury Meat Centre Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2016, effective from the date of the decision. The agreement would govern the employment terms and conditions for employees within the specified scope, and both parties were directed to comply with the terms of the agreement. The decision underscored the importance of fair and lawful bargaining processes and the need for agreements that are equitable and in the best interests of both employers and employees.

Woolworths Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established