Registered contracts apply until they are terminated or replaced. However, the High Court did not consider that the enterprise agreement had passed the best overall test and that this task had been entrusted to the Commission to do so again. The High Court granted (in part) Aldi`s appeal in its long-standing dispute with the SDA for the approval of an enterprise agreement. “With recent legislative changes, we are optimistic that eAs will not be delayed by non-essential technical issues and that the FWC will now be able to deal quickly with the agreements for which our employees voted overwhelmingly. With the (partial) authorization to authorize Aldi`s complaint, the High Court confirmed that it is legal for an employer to enter into an enterprise contract with existing workers if the enterprise contract does not yet apply to workers or covers the work that workers perform at the time of their contractual agreement. In 2015, Aldi built a distribution centre at Regency Park in southern Australia. Instead of negotiating a Greenfields agreement with the SDA, Aldi negotiated an operating contract for the distribution centre with 17 existing employees who were not active in the new company but who had accepted job offers who agreed to work in the distribution centre after opening. Some of these employees did not live in South Australia. The distribution centre was still under construction when a majority of these employees voted in favour of the agreement. The Tribunal found that Aldi had not been able to demonstrate an error of jurisdiction and refused to declare its communications for other Aldi agreements in Queensland, Western Australia and South Australia compliant. Aldi employs more than 12,000 workers across the country and, with some success, insists that deals pay them rates that are exchanged on weekends for higher base rates.
Aldi`s non-union agreements for thousands of store, supply and distribution centre employees were cancelled because the retailer called itself a “guide” and not an employer. However, the SDA still questions the approval of Aldi`s AV and SA agreements three years ago due to the use of the word “guide” and the failure of the best overall test. If a job has a registered contract, the premium does not apply. However, this decision will have a considerable impact on employers who wish to avoid entering into agreements with the unions concerned on green fields. As a result, unions should seek an amendment to the Fair Work Act 2009 to address what they see as an unintended consequence of the legislation. A Federal Court of Justice on Friday upheld the rejection of Aldi`s enterprise agreements on the grounds that the company had deliberately changed a word about their representation rights in its communication requested of employees at the start of negotiations. aldi-25-6-20ALDI MANAGEMENT WANTS TO PUSH YOU INTO A NEW ENTERPRISE AGREEMENT Aldi said the process for approving agreements was now recognized as “unnecessary complicated.” The High Court confirmed that the Fair Work Commission`s decision was legal when it approved an enterprise agreement with existing employees who worked in another sector of the company but had not yet begun working as employees in a new company. The unions argued that it should have been an agreement in the green grasslands, with a view to an agreement with the Union. “There are two other Aldi demands for the non-union Jandakot and Regency Park agreements before the FWC, which are also affected by a flawed denunciation of workers` representation rights.”  A Greenfields agreement is an enterprise agreement for a genuine new business (or proposed new business) The judgment concerning Aldi workers in Victoria and NSW will affect other Aldi public EAs that are currently being challenged for similar reasons by the Shop Distributive and Allied Employees Association.