[2026] FWC 2
Citation: [2026] FWC 2
At a glance
- Awards cited
- MA000020
What happened
ALDI Foods Pty Ltd sought approval for three enterprise agreements: the ALDI Stapylton Agreement 2025, ALDI Prestons Agreement 2024, and ALDI Jandakot Agreement 2025. Previously, the Fair Work Commission found these agreements didn't meet the 'better off overall test' (BOOT) for part-time warehouse employees. This decision addresses whether to approve the agreements with amendments to address the BOOT concern. The concern stemmed from unpredictable work hours for hourly-rate part-time warehouse employees, as the agreements lacked requirements for advance notice of work times. The Commission previously proposed an amendment requiring ALDI to agree with employees on a regular work pattern.
What was decided
The Fair Work Commission approved the ALDI agreements with amendments. The Commission considered arguments about the construction of section 191A, which allows for amendments to agreements that don't meet the BOOT. The Australian Council of Trade Unions (ACTU) intervened, arguing for a broad interpretation of the section. ALDI opposed, arguing the Commission shouldn't fundamentally alter agreed-upon agreements. The Commission ultimately sided with the ACTU's interpretation, finding the section's purpose is to facilitate approval while addressing BOOT concerns. The amendment requiring regular work patterns was not addressed in this decision.
What it means for employers
Employers should be aware that the Fair Work Commission has the power to amend enterprise agreements to ensure they meet the 'better off overall test'. This power is intended to facilitate agreement approval, even if it means making changes to the original agreement. Employers should engage constructively with employees and unions when negotiating agreements and be prepared for potential amendments during the approval process.
What it means for employees
Employees should be aware that the Fair Work Commission can ensure enterprise agreements meet the 'better off overall test'. This can lead to amendments that improve working conditions, even if the initial agreement didn't fully address concerns. The ACTU’s intervention highlights the importance of union representation in ensuring fair outcomes.
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This summary was drafted 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