Woolworths (South Australia) Pty Ltd T/A Adelaide Regional Distribution Centre Summary

[2022] FWCA 3328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolworths (South Australia) Pty Ltd T/A Adelaide Regional Distribution Centre

(AG2022/3616)

Adelaide Regional Distribution Centre EnterpriseAgreement 2022

Storage services
COMMISSIONER MCKINNON	SYDNEY, 30 SEPTEMBER 2022

Application for approval of the Adelaide Regional Distribution Centre Enterprise Agreement 2022.

Woolworths (South Australia) Pty Ltd T/A Adelaide Regional Distribution Centre has applied for approval of a single enterprise agreement known as the Adelaide Regional Distribution Centre Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2026.

The flexibility term in the Agreement does not meet the requirements of the Act. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Shop, Distributive and Allied Employees Association.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Woolworths (South Australia) Pty Ltd, trading as Adelaide Regional Distribution Centre, and its employees. The dispute centred on the application for approval of the Adelaide Regional Distribution Centre Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, with the Commission needing to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural requirements for enterprise agreements as stipulated in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in accordance with the procedural standards, which include proper bargaining, the provision of relevant information, and the opportunity for the agreement to be put to a vote by the employees. Additionally, the Commission examined whether the agreement contained the mandatory terms and conditions as required by the Act.

The Commission found that the application for approval met all the necessary procedural standards. The bargaining process was deemed fair, with adequate information provided to the employees. The employees had an appropriate opportunity to vote on the proposed agreement, and the agreement included all mandatory terms and conditions. Consequently, the Commission approved the Adelaide Regional Distribution Centre Enterprise Agreement 2022, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the Adelaide Regional Distribution Centre Enterprise Agreement 2022, confirming its compliance with the procedural and mandatory requirements under the Fair Work Act. This decision ensures that the agreement is valid and enforceable between Woolworths (South Australia) Pty Ltd and its employees.

Woolworths (South Australia) Pty Ltd T/A Adelaide 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