David Jones Pty Limited
[2022] FWCA 1743
•27 MAY 2022
| [2022] FWCA 1743 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
David Jones Pty Limited
(AG2022/1341)
David Jones Fulfilment Centre Enterprise Agreement 2022
| Retail industry | |
| COMMISSIONER MATHESON | SYDNEY, 27 MAY 2022 |
Application for approval of the David Jones Fulfilment Centre Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the David Jones Fulfilment Centre Enterprise Agreement 2022 (Agreement). The application was made by David Jones Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Transport Workers’ Union of Australia and Shop, Distributive and Allied Employees Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 3 April 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516088 PR742051>
Annexure A
0
0
0