Application for approval of the Woolworths 360 Refrigeration Installation (New South Wales) Enterprise Agreement 2025

[1] Woolworths Format Development Pty Ltd has applied for approval of a single enterprise agreement known as the Woolworths 360 Refrigeration Installation (New South Wales) Enterprise Agreement 2025 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act).

[2] The Agreement was made on 19 December 2025. Appendix 4 to the Agreement is titled "Model Workplace delegates' rights clause". The Appendix reflects the terms of clause 29A of the Plumbing and Fire Sprinklers Award 2020 (Award), which covers the relevant employees, in force at that time. However, as a result of the decision of the Full Bench of the Commission in Decision [2026] FWCFB 5, the Appendix is now inconsistent with the Award term in a number of respects. It is not necessary to detail them.

[3] I raised the matter with Woolworths. It was supportive of me addressing the issue by making a determination under section 205A(2) of the Act, on the basis that it is arguable that as a result of the inconsistencies, Appendix 4 is less favourable than clause 29A.

[4] Consequently, I determine pursuant to section 205A(2) of the Act that Appendix 4 of the Agreement is of no effect and that clause 29A of the Award is taken to be a term of the Agreement.

[5] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to the application have been met.

[6] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 17 February 2026. The nominal expiry date of the Agreement is 1 December 2028.

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