Application by BIG W Group Pty Limited
Citation: [2026] FWC 2781
What happened
BIG W Group Pty Limited applied to the Fair Work Commission seeking orders that five enterprise agreements cover non-transferring employees who perform or are likely to perform transferring work. The agreements are: BIG W Stores Enterprise Agreement 2023, Perth BIG W Enterprise Agreement 2025, BIG W Warwick Distribution Centre Enterprise Agreement 2024, BIG W Hoxton Park Distribution Centre Enterprise Agreement 2024, and Hoppers Crossing Distribution Centre Enterprise Agreement 2025. Woolworths Group Limited and Woolworths (South Australia) Pty Limited are the current employers. A business transfer is scheduled for August 3, 2026.
What was decided
The Fair Work Commission granted BIG W Group Pty Limited’s applications. The agreements will cover non-transferring employees. Deputy President Boyce considered factors under s.319(3) of the Fair Work Act and found making the orders would not disadvantage employees, negatively impact productivity or create economic hardship for the company. The orders are operative from August 3, 2026.
What it means for employers
Employers undertaking business transfers need to consider how existing enterprise agreements will apply to both transferring and non-transferring employees. Ensuring clarity around which instruments cover which employees can improve business synergy and avoid potential disputes.
What it means for employees
Employees should be aware of how changes in employer affect their employment conditions, particularly when a business transfer occurs. Enterprise agreements continue to apply after the transfer, ensuring continued protections for employees.
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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 →