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Loaded rates in agreements case
Table of contents
Introduction
In October 2017, 8 applications for approval of enterprise agreements raising issues of general interest were referred to a Full Bench of the Fair Work Commission.
The applications all raise issues concerning how the 'better off overall test' should be applied to an agreement which rolls up penalty rate payments and other benefits into loaded rates of pay.
Three of these applications have now been withdrawn.
On 28 June 2018 the Full Bench issued a decision in this matter.
Following the decision, parties are directed to file and serve written submissions in respect to the applications for approval of the ALDI Prestons Agreements and the ALDI Stapylton Agreement on the following schedule:
- National Union of Workers and Shop, Distributive and Allied Employees Association submissions and evidence by Thursday, 6 September 2018
- ALDI submissions and evidence in reply by Thursday 27 September 2018
- Australian Council of Trade Unions (ACTU) submissions by Thursday 27 September 2018
- National Union of Workers, Shop, Distributive and Allied Employees Association and ALDI submissions in reply to the ACTU by 11 October 2018.
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Decision
| Description | Reference | Date published |
|---|---|---|
| Decision - Prestons agreement |
AG2017/1925 & AG2017/1943 |
16 October 2019 |
| Decision - Stapylton agreeement |
AG2017/1925 & AG2017/1943 |
16 October 2019 |
| Full Bench decision |
AG2017/1925 and others |
28 June 2018 |
Applications
| Proposed agreement | Application (Forms F16, F17 & F18 where available) | Matter no. | Document date |
|---|---|---|---|
|
ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) T/A Aldi Stores |
AG2017/1925 |
29 May 2017 |
|
|
AG2017/1943 |
30 May 2017 |
||
|
JCK Nominees Pty Ltd T/A Gloria Jeans Coffees Southland (Withdrawn) |
AG2017/2558 |
29 June 2017 |
|
|
AMLX Pty Ltd T/A Gloria Jeans Coffee Queanbeyan (Withdrawn) |
AG2017/2569 |
29 June 2017 |
|
|
WorkPac Pty Ltd (Withdrawn) |
AG2017/3027 |
21 July 2017 |
|
| Australian Manufacturing Workers' Union |
AG2017/3027 |
13 November 2017 | |
| AG2017/3865 | 29 August 2017 | ||
| AG2017/4096 | 8 September 2017 | ||
| AG2017/4671 | 3 October 2017 |
Directions
| Document description | Matter no. | Date uploaded |
|---|---|---|
|
AG2017/1925 and others |
14 September 2018 |
Transcript
| Document description | Matter no. | Date of document | Date uploaded |
|---|---|---|---|
| Transcript | AG2017/1925 and AG2017/1943 | 20 August 2019 | 27 August 2019 |
|
All matters |
15 November 2017 |
30 November 2017 |
Notice of listing
| Document description | Matter no. | Date of hearing | Document date |
|---|---|---|---|
| Hearing - Catanzariti VP - 20 and 21 August 2019 | AG2017/1925 and AG2017/1943 | 20 and 21 August 2019 | 12 March 2019 |
| Mention - Catanzariti VP - 11 and 12 June 2019 (cancelled) |
AG2017/1925 and AG2017/1943 |
11 and 12 June 2019 |
21 February 2019 |
| Hearing - Catanzariti VP - 3 and 4 April 2019 (cancelled) | AG2017/1925 and AG2017/1943 | 3 and 4 April 2019 | 19 December 2018 |
| Mention and Directions - 18 December 2018 | AG2017/1925 and AM2017/1943 | 18 December 2018 | 14 December 2018 |
|
All matters |
15 November 2017 |
14 October 2017 |
Submissions & correspondence
| Document description | Matter no. | Party or organisation | Document date |
|---|---|---|---|
| Correspondence from TWU - Stapylton agreement | AG2017/1943 & AG2017/1925 | Transport Workers Union | 15 October 2019 |
| Correspondence from FWC to TWU | AG2017/1943 & AG2017/1925 | Fair Work Commission | 14 October 2019 |
| Correpsondence - Stapylton agreement | AG2017/1943 & AG2017/1925 | National Union of Workers | 9 October 2019 |
| Correspondence - Prestons agreement | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 9 October 2019 |
| Correspondence - Stapylton Agreement | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 9 October 2019 |
| Correpsondence from FWC to parties | AG2017/1943 & AG2017/1925 | Fair Work Commission | 3 October 2019 |
| Correspondence with 26 September 2019, 18 August 2019 and 9 August 2018 undertakings | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 26 September 2019 |
| Correspondence with 20 August 2019 undertakings |
AG2017/1943 & AG2017/1925 |
ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 23 August 2019 |
| Correspondence | AG2017/1943 & AG2017/1925 | Shop, Distributive and Allied Employees Association | 12 December 2018 |
| Submission | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 11 October 2018 |
| Submission | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 2 October 2018 |
| Correspondence - extension request | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 28 September 2018 |
| Submission |
AG2017/1943 & AG2017/1925 |
Australian Council of Trade Unions |
27 September 2018 |
| Correspondence - extension request | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 27 September 2018 |
| Submission |
AG2017/1943 & AG2017/1925 |
Shop, Distributive and Allied Employees Association |
6 September 2018 |
| Submission |
AG2017/1943 |
National Union of Workers | 5 September 2018 |
| Witness statements |
AG2017/1943 & AG2017/1925 |
ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 10 August 2018 |
| Submission | AG2017/1943 & AG2017/1925 | ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) | 9 August 2018 |
|
Form F53, outline of submissions, undertakings and witness statement |
AG2017/3027 |
WorkPac Pty Ltd |
18 October 2017 |
| Correspondence - application withdrawn | AG2017/2558 | JKC Nominees Pty Ltd |
25 October 2017 |
| Correspondence - application withdrawn | AG2017/2569 | AMLX Pty Ltd |
25 October 2017 |
|
AG2017/1925 & AG2017/1943 |
ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) |
25 October 2017 | |
| Submission |
AG2017/1925, AG2017/1943 AG2017/3027 |
National Retail Association | 1 November 2017 |
| Correspondence | Australian Government - Department of Employment | 1 November 2017 | |
| Submission |
AG2017/1925, AG2017/1943 AG2017/3027 |
Australian Chamber of Commerce and Industry | 1 November 2017 |
| Submission |
AG2017/1925, AG2017/1943, AG2017/2228, AG2017/3027, AG2017/2569, AG2017/2558 |
Australian Industry Group | 3 November 2017 |
|
AG2017/1925, AG2017/1943, AG2017/3027 |
Australian Retailers Association | 6 November 2017 | |
| Correspondence | AG2017/3027 | CFMEU - Mining and Energy Division | 8 November 2017 |
| AG2017/1943, AG2017/1925 | Shop, Distributive and Allied Employees Association | 9 November 2017 | |
| AG2017/3027 |
Australian Manufacturing Workers’ Union |
9 November 2017 | |
| Australian Council of Trade Unions | 9 November 2017 | ||
| AG2017/4096 | JWT Group Services Pty Ltd | 12 November 2017 | |
| Notice of Discontinuance | AG2017/3027 |
WorkPac Pty Ltd |
14 November 2017 |
| AG2017/3865, AG2017/4069, AG2017/4671 | United Voice | 14 November 2017 | |
| AG2017/2835 | United Voice | 18 July 2017 | |
| Correspondence |
AG2017/3027 |
CFMEU - Mining and Energy Division |
15 November 2017 |
| AG2017/1943 & AG2017/1925 |
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Updated time
Last updated
26 May 2020
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