BTX3991 Lecture Notes - Lecture 8: Coles Supermarkets, Secret Ballot, Aldi
13 Sep 2018
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Under s 193, the fwc must not approve an enterprise agreement unless it is satisfied that each award-covered employee will be better off overall under the agreement than they would be if the relevant award applied. The fwc is allowed to assume that where a class of employees are better off, this would be true for every employee in that class (subject to any evidence to the contrary) Applying the boot hart v coles supermarkets (2016) In hart v coles supermarkets (2016), a full bench of the fwc overturned the approval of an agreement negotiated between the sda and coles covering over 75,000 employees. The agreement proposed to increase base rates of pay but lower penalty rates for working on evenings and weekends. This arrangement was found to be less beneficial than the award for many employees who worked mostly night and weekend shifts.
