Fair Work Commission refuses to pause ALDI's workplace agreement review, keeping pressure on HR and management
ALDI’s push to lock in new workplace deals has stalled, after the Fair Work Commission refused to pause proceedings over concerns staff might not be better off.
On November 7, 2025, the Commission rejected ALDI’s request to halt a review of three proposed enterprise agreements covering its Prestons, Jandakot, and Stapylton sites. This followed Deputy President Slevin’s earlier finding that the agreements did not satisfy the “better off overall test” required by the Fair Work Act, which ensures employees are not disadvantaged compared to the Storage Services and Wholesale Award 2020.
Deputy President Slevin was not satisfied that each award covered employee, and each reasonably foreseeable award covered employee for the agreements, would be better off overall under the proposed terms. ALDI declined to provide undertakings to address these concerns.
Instead of dismissing the agreements outright, the Deputy President considered section 191A of the Fair Work Act, a provision introduced in 2023 that allows the Commission to approve an enterprise agreement with amendments if it does not meet the better off overall test. Slevin proposed that ALDI be required to agree in writing with each Hourly Rate part-time employee on a regular pattern of work, specifying hours, days, and start and finish times, and to ensure rosters reflect these arrangements.
On November 3, 2025, ALDI sought an adjournment or a stay of the proceedings, arguing that continuing would create uncertainty and unnecessary costs while an appeal was pending. The Deputy President directed ALDI to provide submissions, and later issued directions requiring ALDI to notify employees of the proposed changes and seek their views, with further hearings scheduled.
ALDI’s application for a stay was heard by Vice President Gibian on November 6, 2025. He found that while ALDI had an arguable case for appeal, the balance of convenience did not support granting a stay. Vice President Gibian noted that the Deputy President had not yet made a final decision on the agreements, but was seeking further submissions and considering possible amendments. He concluded it was more efficient for the proceedings to continue before any appeal is considered by a Full Bench, as this would avoid unnecessary delays.
The Commission’s review will therefore proceed, with ALDI required to communicate with employees and further hearings set. The appeal is tentatively scheduled to be heard by a Full Bench in early 2026, depending on when the Deputy President completes the current proceedings.
For HR professionals, this case highlights the importance of compliance with the better off overall test and the practical impact of section 191A in enterprise bargaining. It also illustrates the Commission’s approach to managing appeals and procedural requests, especially where agreements affect a significant workforce. The outcome will be closely watched by those involved in negotiating and administering workplace agreements.
