ENTERPRISE AGREEMENTS – approval – undertakings – ss.180, 185, 186 Fair Work Act 2009 – Retail and Fast Food Workers Union Incorporated (RAFFWU) submitted the Coles Supermarkets Enterprise Agreement 2017 (Agreement) did not pass Better Off Overall Test (BOOT) – claimed ‘standing consent’ to work permitted additional hours to be worked as voluntary overtime – RAFFWU requested undertaking that ‘standing consent’ provisions would not be used – Commission agreed Agreement provision different to Award but not detrimental – whether Agreement ‘genuinely agreed’ – RAFFWU submitted Shop Distributive and Allied Employees Association (SDA) materials were misrepresentations – SDA corrected materials after becoming aware of misrepresentation – Coles cannot be held responsible for the communications of other bargaining representatives – Commission not persuaded the material disclosed that Coles did not meet its obligation under s.180(5) of the FW Act – satisfied employees ‘genuinely agreed’ – Commission requested undertakings – Agreement approved with undertakings. Coles Supermarkets Enterprise Agreement 2017
…
