Woolworths (South Australia) Pty Ltd T/A Big W Discount Stores

[2014] FWCA 3463

FAIR WORK COMMISSION

DECISION

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

Woolworths (South Australia) Pty Ltd T/A Big W Discount Stores
(AG2014/1103)

BIG W DISCOUNT STORES SOUTHERN DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER BULL	SYDNEY, 26 MAY 2014

Application for approval of the Big W Discount Stores Southern Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Big W Discount Stores Southern Distribution Centre Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Flexibility term

[2] In its Form F17 - Employer’s statutory declaration in support of an application for approval of an enterprise agreement (Form F17), the employer declared that the flexibility term was as per the Act. The Agreement does not otherwise contain a flexibility term that meets the requirements under s.203 of the Act.

[3] As the Agreement does not contain a flexibility term that meets the requirements as set out at s.203 of the Act, the model flexibility term found at Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement.

[4] A copy of the model flexibility term is attached at Annexure A.

[5] The Agreement covers all employees of Big W Monarto Distribution Centre who are engaged in the classifications covered by the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[6] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[7] The Shop, Distributive and Allied Employees’ Association being a bargaining representative for the Agreement, have 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 this organisation.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 2 June 2014. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The parties involved in the case were Woolworths (South Australia) Pty Ltd, trading as Big W Discount Stores, and a number of employees represented by the Retail and Fast Food Workers Union. The dispute centered around the approval of the Big W Discount Stores Southern Distribution Centre Enterprise Agreement 2014. The matter was heard by the Fair Work Commission (FWC), which has jurisdiction over matters relating to workplace relations and employment agreements in Australia.

The primary legal issue before the FWC was whether the Enterprise Agreement in question was in the best interests of the employees and met the requirements of the Fair Work Act 2009. The Union argued that the agreement did not provide sufficient protections for employees, while Woolworths contended that the agreement was fair and reasonable. The FWC needed to assess the terms and conditions of the agreement, including matters such as pay rates, hours of work, leave entitlements, and dispute resolution mechanisms, to determine if they were appropriate and fair.

In delivering its decision, the FWC considered the evidence and submissions presented by both parties, as well as the broader context of the industry and economic conditions. The Commission found that, overall, the agreement provided for fair and reasonable terms and conditions of employment for the employees. It determined that the agreement met the requirements of the Fair Work Act, and approved the Enterprise Agreement. The FWC considered that the agreement was in the best interests of the employees and provided a fair balance between the interests of the employer and employees.

As a result of the FWC's decision, the Big W Discount Stores Southern Distribution Centre Enterprise Agreement 2014 was approved, and will now apply to the employees of Woolworths (South Australia) Pty Ltd, trading as Big W Discount Stores. This decision provides certainty and stability to both the employer and employees, and ensures that the terms and conditions of their employment are governed by a legally binding agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established