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[2013] FWCA 4028
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
ALDI Foods Pty Ltd
(AG2013/1205)
ALDI PRESTONS AGREEMENT 2013
Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SYDNEY, 21 JUNE 2013
Application for approval of the ALDI Prestons Agreement 2013.
[1] An application has been made for the approval of an enterprise agreement known as
the ALDI Prestons Agreement 2013 (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.
[2] The terms of the Agreement are substantially similar to those of the ALDI
Minchinbury Agreement 2012 (the Minchinbury Agreement).1 In the proceedings relating to
the application for approval of the Minchinbury Agreement, I expressed a concern that the
provisions relating to the payment for leave may be detrimental to employees when compared
to the National Employment Standards (see ss.55 and 186(2)(c) of the Act).2 Due to the
similarity between the relevant provisions of the two agreements, the same concern arises
with respect to the Agreement.
[3] A proposed employer undertaking has been provided by ALDI Foods Pty Ltd in
relation to payment for leave under the Agreement (see attachment A). The proposed
undertaking was attached to the Notice of Listing when the application for approval of the
Agreement was listed for Hearing on the Papers. The Notice directed any interested party that
wished to make its views known in relation to the undertaking to contact my chambers before
the listed time. The Notice was sent to the only organisation which the Fair Work
Commission knows to be a bargaining representative for the Agreement, namely, the Shop,
Distributive and Allied Employees Association (SDA), as well as to the other employee
organisations that made submissions in relation to the Minchinbury Agreement.
[4] No party sought to make any comment in relation to the proposed undertaking. I am
satisfied that the undertaking addresses my concern in relation to the clauses of the
Agreement dealing with payment for leave, and that it will not cause financial detriment to
any employee covered by the Agreement or result in substantial changes to the Agreement.
1 AE401806.
2 [2013] FWC 3495 at [68]-[73].
AUSTRALIA FAIR WORK COMMISSION
[2013] FWCA 4028
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The undertaking has been attached to the Agreement and will be taken to be a term of the
Agreement pursuant to s.191 of the Act.
[5] For reasons similar to those given in relation to the Minchinbury Agreement,3 I am
satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this
application for approval have been met.
[6] The SDA, 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) of the
Act, I note the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
28 June 2013. The nominal expiry date of the Agreement is 21 June 2017.
SENIOR DEPUTY PRESIDENT
3 See [2013] FWC 3495; [2013] FWCA 3837.
[2013] FWCA 4028
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Attachment A
Printed by authority of the Commonwealth Government Printer
Price code J, AE401944 PR538105
In the Fair Work Commission Matter Number: AG2013/1205 ALDI FOODS PTY LIMITED (ABN 086 210 139) AS GENERAL PARTNER OF ALDI STORES (A LIMITED PARTNERSHIP) Applicant ENTERPRISE AGREEMENT ALDI PRESTONS 2013 ALDI undertakes that the payment to employees taking leave will be at a rate of pay not less than that provided under the National Employment Standards. Signed by David Zalunardo Managing Director, ALDI Stores, Prestons Region For and on behalf of ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) 7 June 2013 1
