Aldi said the process of approving agreements was now generally recognized as „unnecessarily complicated.“ The Federal Supreme Court upheld the decisions of Vice-President Bull and an FWC Full Bench to reject the agreements, as the technical conditions for the approval of the two agreements were not met. „There are two other demands from Aldi for the jandakot and Regency Park non-union agreements, which are still ahead of the FWC, which are also affected by poor communication of workers` representation rights.“ His claim is „categorically rejected“ by Aldi, which said in a statement: „The company agreement provides for an average working time regime and employees receive remuneration for each hour worked.“ However, the SDA still questions the approval of Aldi`s WA and SA agreements three years ago due to their use of the word „Leader“ and the failure of the better ongoing global test. Aldi`s non-union agreements, which cover thousands of store, supply and distribution employees, were cancelled because the retailer called itself a „leader“ and not an employer. Aldi employs more than 12,000 people across the country and, with some success, has insisted on securing deals that pay them rates that exchange weekend penalties for higher base rates. A full bank of the Bundesgericht today upheld the decisions of the Fair Work Commission (FWC) that ALDI did not make trivial deviations from regulatory requirements by amending the Communication on Workers` Representation Rights (NERR) it issued to its employees during the process of negotiating new agreements in 2016. A federal court on Friday upheld the rejection of Aldi`s company agreements on the grounds that at the start of negotiations, the company deliberately changed a word in its necessary communication to workers about their rights of representation. „With the recent legislative changes, we are optimistic that the EAs will not be delayed by unnecessary technical details and that the FWC will now be able to quickly process the agreements for which our employees voted by an overwhelming majority. The Assembly considered that Aldi had not been able to demonstrate an error of jurisdiction and refused to declare its communications concerning other Aldi agreements in Queensland, Western Australia and Southern Australia compliant. In its applications for approval of the ALDI Minchinbury and ALDI Derrimut 2016 agreements concerning employees of stores, warehouses and shipments, ALDI deliberately departed from the NERR form prescribed by the regulations. ALDI replaced the word „employer“ with „guide“ on the forms it distributed to employees. But associate professor Knox said the caps were normally imposed to prevent workers from accumulating debts of up to 78 hours. The ruling, which affects Aldi`s workforce in Victoria and NSW, will have repercussions on other Aldi State approved AEs currently challenged by the Shop Distributive and Allied Employees Association on similar grounds.
. . .