THE COLES EASTERN CREEK CDC ENTERPRISE AGREEMENT 2025

Application for approval of the Coles Eastern Creek CDC Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Coles Eastern Creek CDC Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Coles Group Supply Chain Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised two concerns with the Applicant, and the United Workers Union (UWU) and the Australasian Meat Industry Employees Union (AMIEU), which were both bargaining representatives for the Agreement, and the other bargaining representatives. The first concern related to clause 28.3, which concerns the circumstances in which compassionate leave may be taken. The concern being those circumstances were more confined than the National Employment Standards. The second concern related to clause 28.4.2(a), which concerns the notice that an employee must give the employer before taking a period of personal/carer's leave and compassionate leave. The concern being that clause may be inconsistent with the National Employment Standards. I sought the views of the Applicant, and the UWU, AMIEU and the other bargaining representatives whether the Applicant wished to rely upon clause 3.2 of the Agreement, which may be best described as a NES precedence clause, to address any such inconsistency. The Applicant confirmed that it did. The UWU, AMIEU and the other bargaining representatives did not express a view. Such confirmation by the Applicant resolves these concerns.

[4] Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter is that the United Workers Union, and the Australasian Meat Industry Employees Union, have each given the Fair Work Commission a notice under section 183(1) of the FW Act that each employee organisation wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers both the United Workers Union, and the Australasian Meat Industry Employees Union.

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 24 December 2025. The nominal expiry date of the Agreement is 19 September 2028.

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