[2025] FWC 3130
Citation: [2025] FWC 3130
What happened
ALDI Foods Pty Ltd sought approval for three enterprise agreements: the ALDI Prestons Agreement 2024, the ALDI Jandakot Agreement 2025, and the ALDI Stapylton Agreement 2025. The Shop, Distributive and Allied Employees Association (SDA) opposed the applications, arguing the agreements didn't meet the 'better off overall test' (BOOT). The United Workers Union (UWU) supported the Stapylton Agreement, while the Transport Workers Union of Australia (TWU) supported the Jandakot Agreement but didn't express a view on the Prestons Agreement. The SDA's concerns centered on warehouse employees described as Hourly Rate employees, claiming they weren't better off than if the Storage Services and Wholesale Award 2020 applied.
What was decided
The Fair Work Commission considered the applications for approval of the ALDI agreements. Deputy President Sleevin acknowledged previous decisions and appeals related to similar ALDI agreements. He found the SDA’s arguments regarding the BOOT were not compelling. The Commission considered the flexible rostering arrangements and wage rates. Ultimately, the Commission was satisfied that the agreements passed the BOOT, noting that employees could choose to be Limited Roster Store Assistants to gain more predictable hours. The decision builds on previous findings regarding ALDI agreements and the appropriate comparator for assessing the BOOT.
What it means for employers
Employers should ensure enterprise agreements are carefully assessed to meet the 'better off overall test'. This includes considering the impact on all employee groups, particularly those with flexible working arrangements. Employers should be prepared to address concerns raised by unions regarding the terms and conditions offered in agreements.
What it means for employees
Employees should understand their rights under enterprise agreements and modern awards. If employees believe an agreement doesn't provide them with better conditions than the relevant award, they should raise their concerns with their union or seek legal advice. Employees can choose to be Limited Roster Store Assistants to gain more predictable hours.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3130.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →