Woolworths Ltd T/A Queensland Property Investments Pty Ltd

[2013] FWCA 10128

FAIR WORK COMMISSION

DECISION

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

Woolworths Ltd T/A Queensland Property Investments Pty Ltd
(AG2013/11990)

NATIONAL UNION OF WORKERS - QUEENSLAND PROPERTY INVESTMENTS PTY LTD MELBOURNE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 20 DECEMBER 2013

Application for approval of the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolworths Ltd T/A Queensland Property Investments Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Woolworths Ltd, trading as Queensland Property Investments Pty Ltd, applied for approval of the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for employees at the Melbourne Regional Distribution Centre. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly with respect to provisions on pay rates, hours of work, and other employment conditions. The court had to consider whether the agreement provided for the "better off overall test" and did not unfairly discriminate against any employee or group of employees. Additionally, the court needed to ensure that the agreement did not contravene any relevant industrial instruments or awards.

In its decision, the court examined the provisions of the proposed enterprise agreement in detail. The court found that the agreement met the "better off overall test," as it provided for improved conditions for the majority of employees. The court also noted that the agreement contained fair provisions regarding pay rates, hours of work, and other employment conditions. The court concluded that the agreement did not unfairly discriminate against any employee or group of employees and was consistent with relevant industrial instruments and awards.

The Fair Work Commission approved the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2013, subject to the conditions set out in the order. The agreement was to be registered and enforceable from the date of the order, and it was to be applied in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established