Aldi Foods Pty Limited As General Partner Of Aldi Stores (A Limited Partnership) Trading AS Aldi Stores

Application for approval of the ALDI Stapylton Agreement 2025 - concern about passing better off overall test - Agreement approved - Amendments specified.

[1] This decision relates to an application made by ALDI Foods Pty Ltd as General Partner of ALDI Stores (ALDI) for approval of the ALDI Stapylton Agreement 2025 (Stapylton Agreement). It is one of three applications (the Applications) were made by ALDI for approval of enterprise agreements. The other two being the ALDI Prestons Agreement 2024 (Prestons Agreement), and the ALDI Jandakot Agreement 2025 (Jandakot Agreement). The Applications are made pursuant to s. 185 of the Fair Work Act 2009 (the Act).

[2] In an earlier decision [2025] FWC 3130 I dealt with the three applications together and decided that the Agreements met the requirements of ss. 186 and 187 save that I had concerns that each did not meet the requirement in s186(2)(d) that they pass the better off overall test. In that decision I advised of my intention to specify an amendment to each of the Agreements. After seeking the views of the relevant parties, receiving further evidence and submissions on the proposed amendments I have today published a further decision [2026] FWC 2. In that decision I indicated that I would deal with the concern about the requirement in s. 186(2)(d) by approving the Agreements and specifying amendments to each agreement.

[3] For the purposes of the current application to approve the Stapylton Agreement for the reasons published in my earlier decisions I am satisfied that the requirements of ss.186 and 187 are met save that I am concerned that the agreement does not meet the requirement in s. 186(2)(d). I nonetheless approve the Agreement under s. 186 as I am satisfied for the purpose of s. 191A that the amendment specified in Annexure A to this decision addresses my concern.

[4] I note that s. 191B operates such that the agreement is taken to be amended by the amendment specified in Annexure A.

[5] The Shop, Distributive and Allied Employees Association (SDA) and the United Workers Union (UWU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the SDA and UWU.

[6] The Agreement was approved on 2 January 2026 and will operate from the first pay period commencing 7 days after approval in accordance with Clause 4.1 of the Agreement. The nominal expiry date of the Agreement is 1 March 2028.

Printed by authority of the Commonwealth Government Printer

Amend the ALDI Stapylton Enterprise Agreement 2025 as follows:

"(b) are employed on the basis that you will be rostered to work at the times and on the days specified in your Contract Hours "

"6.1 Hourly Rate employees and ALDI will, within 8 weeks of this Agreement coming into force, agree in writing on your Contract Hours. The agreement will specify:

(a) the hours to be worked each day;

(b) which days the employee will work; and

(c) the starting and finishing times each day.

6.2 These hours may only be varied by written agreement between ALDI and the employee."