Blackmores Limited

[2022] FWCA 2735

[2022] FWCA 2735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Blackmores Limited

(AG2022/2030)

Working Together: Blackmores 2022 Enterprise Agreement

Clerical industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 AUGUST 2022

Application for approval of the Working Together: Blackmores 2022 Enterprise Agreement.

1. Blackmores Limited (the Employer) has made an application for the approval of the Working Together: Blackmores 2022 Enterprise Agreement (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 7.5(c) – Types of Employment – Casual Employment
   • Clause 10.5 – Public Holidays
   • Clause 25.5 – Personal/Carer’s Leave
   • Clauses 40.4(c) and 40.5 – Termination of Employment
   • Clause 42.2(e) – Redundancy

1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I also note that the Agreement applies to management level positions or other positions that are not covered by modern awards, such as accounts/finance staff (but not more senior finance executives), Human Resources Managers and IT staff. The Employer advises that it has recently conducted an audit to assess the pay rates of all employees and to ensure that such employees are paid at least the rates in relevant underlying modern awards such as the Clerks - Private Sector Award 2020.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 12 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A