Woolworths was successful in two cases on enterprise agreements, which will serve as precedent law for similar disputes under the Fair Work Act 2009.
In the first case, a Full Bench of Fair Work Australia (FWA) found that enterprise agreements do not need to contain procedures for compulsory arbitration of disputes and upheld submissions by Henry Davis York on behalf of Woolworths. The appeal arose after an enterprise agreement with the Shop Distributive and Allied Employees Association was rejected by FWA Commissioner Smith who held that either party must be able to insist on compulsory arbitration. On appeal, the Minister for Employment, Education and Workplace Relations supported Woolworths. The ACTU, the Construction, Forestry, Mining and Energy Union and the Maritime Union of Australia unsuccessfully opposed the appeal. The case attracted significant media attention.
In the second case, Henry Davis York assisted Woolworths in negotiating their first, single national enterprise agreement to cover 96,000 supermarket staff, more than any other agreement in Australia. The Australasian Meat Industry Employees Union applied for scope orders in an attempt to force Woolworths to negotiate a separate agreement for butchers and meat workers. However, we were successful both at first instance and on appeal. The case was the first FWA Full Bench decision dealing with scope orders under the Fair Work Act.