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ARTICLE · 13 JULY 2016

Update Regarding The Coles Supermarkets Enterprise Agreement

Jones Day
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Coles was given until 10 June 2016 to provide certain undertakings and if such undertakings were not provided, the Full Bench would make an order quashing the 2014 Agreement.

AustraliaEmployment and HR
Adam Salter
Adam Salter
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In last month's Update, we reported that the Full Bench of the Fair Work Commission ("Commission") found that the Coles Store Team Enterprise Agreement 2014-17 ("2014 Agreement") did not pass the "better off overall test" ("BOOT"). Coles was given until 10 June 2016 to provide certain undertakings and if such undertakings were not provided, the Full Bench would make an order quashing the 2014 Agreement. However, Coles indicated that it will not provide undertakings, instead reverting to the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011 ("2011 Agreement") while preserving wage and penalty rates (as contained in the 2014 Agreement) and honouring a previously agreed-upon pay rise of 1.5 percent.

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