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Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited
Partnership) T/A Aldi Stores
(AG2015/1077)
ALDI BRENDALE AGREEMENT 2015
Retail industry
COMMISSIONER BULL SYDNEY, 29 JUNE 2015
Application for approval of the ALDI Brendale Agreement 2015.
[1] An application has been made for the approval of an enterprise agreement known as
the ALDI Brendale Agreement 2015 (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.
The Shop Distributive and Allied Employees’ Association (SDA) was a union bargaining
representative involved in the agreement making process.
[2] The Fair Work Commission (the Commission) wrote to the applicant, the applicant’s
legal representative - Ms McNaughton, and the SDA on 23 June 2015 with respect to the
nominal expiry date and the consultation term of the Agreement.
[3] Correspondence was received from Ms McNaughton on 26 June 2015.
Nominal Expiry Date
[4] The nominal expiry date of the Agreement specified at cl. 4 of the Agreement is 4
years after the date of commencement of the Agreement. Pursuant to s.186(5) of the Act, the
nominal expiry date of an agreement must not be more than 4 years from the date of approval.
Undertaking
[5] At the request of the Commission, the applicant has provided an undertaking
amending the nominal expiry date to be 4 years from the date of approval.
Consultation Term
[6] With respect to the consultation term contained in cl.31 of the Agreement-
Consultation, the Commission noted to the applicant the criteria to be satisfied under s.205 of
the Act, and that in particular the requirement for a consultation term which requires the
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DECISION
AUSTRALIA FairWork Commission
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employer to consult employees with regard to a change of employees regular roster or
ordinary hours of work.
Undertaking
[7] The applicant has provided an undertaking which inserts the required consultation
provision of the employer’s obligation to consult employees with regard to a change of an
employee’s regular roster or ordinary hours of work. The undertaking satisfies the criteria as
per s.205 of the Act.
[8] The undertakings are not so substantial that if asked to vote again the employees who
voted would not approve the Agreement. I am therefore satisfied that the undertakings do not
result in a substantial change to the Agreement as per s.190(3)(b) of the Act.
[9] 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.
[10] The SDA being a bargaining representative for the Agreement, have given notice
under s.183 of the Act that it wants the Agreement to cover it and supports the approval of the
Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this
employee organisation.
[11] The Agreement is approved. In accordance with section 54(1), the Agreement will
operate from 6 July 2015. The nominal expiry date of the Agreement is 4 years from the date
of approval.
[12] This decision and undertakings should be brought to the attention of employees
covered by the Agreement by the applicant.
COMMISSIONER
OMMISSION WORK R WORK THE SEAL OF THE
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Annexure A
In the Fair Work Commission Matter Number: AG2015/1077 ALDI FOODS PTY LIMITED (ABN 086 210 139) AS GENERAL PARTNER OF ALDI STORES (A LIMITED PARTNERSHIP) Applicant ENTERPRISE AGREEMENT ALDI BRENDALE 2015
ALDI undertakes: 1. That the following consultation clause will apply instead of that set out in Clause 31 of the Enterprise Agreement ALDI Brendale 2015: 31. Consultation (1) This clause applies if ALDI: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
Major change (2) For a major change referred to in paragraph (1)(a): (a) ALDI must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (3) to (9) apply. (3) The relevant employees may appoint a representative for the purposes of these procedures. (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise ALDI of the identity of the representative;
ALDI must recognise the representative. (5) As soon as practicable after making its decision, ALDI must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures ALDI is taking to avert or mitigate the adverse effect of the change on the employees; and
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(b) for the purposes of the discussion -- provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. (6) However, ALDI is not required to disclose confidential or commercially sensitive information to the relevant employees. (7) ALDI must give prompt and genuine consideration to matters raised about the major
change by the relevant employees. (8) If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to ALDI's enterprise , the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) (b) the termination of the employment of employees; or major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f ) the need to relocate employees to another workplace; or
(g) the restructuring of jobs. Change to regular roster or ordinary hours of work (10) For a change referred to in paragraph (1)(b): (a) ALDI must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purposes of these procedures. (12) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) the employee or employees advise ALDI of the identity of the representative; ALDI must recognise the representative. (13) As soon as practicable after proposing to introduce the change, ALDI must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion -- provide to the relevant employees: 2
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(i) all relevant information about the change, including the nature of the change; and (ii) information about what ALDI reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that ALDI reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, ALDI is not required to disclose confidential or commercially sensitive
information to the relevant employees. (15) ALDI must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this clause: "relevant employees" means the employees who may be affected by a change referred to in subclause (1). 2. That the following duration of the agreement clause apply instead of that set out in Clause 4 of the Enterprise Agreement ALDI Brendale 2015: This Agreement will commence from 1 September 2015. It will expire four (4) years after the date of approval by the Fair Work Commission unless terminated by agreement or replaced in accordance with the Act
Signed by Jarmub 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) 26 June 2015
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