DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Jones Pty Limited T/A David Jones
(AG2018/7217)

DAVID JONES FULFILMENT CENTRE ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 28 MARCH 2019

Application for approval of the David Jones Fulfilment Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the David Jones Fulfilment Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by David Jones Pty Limited T/A David Jones. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Shop, Distributive and Allied Employees Association, and the Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 3 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved David Jones Pty Limited, trading as David Jones, and its employees represented by the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on the application for approval of the David Jones Fulfilment Centre Enterprise Agreement 2018. The agreement sought to regulate the terms and conditions of employment for employees working at the David Jones Fulfilment Centre. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Act and whether it contained the essential attributes of an enterprise agreement. Specifically, the Commission needed to assess if the agreement was made in good faith and without coercion, if it covered a relevant group of employees, and if it included minimum terms and conditions that complied with the provisions of the Act. Additionally, the Commission had to consider if the agreement met the requirements for approval as a low-paid enterprise agreement.

The Commission found that the agreement had been made in good faith and without coercion, and it covered the relevant group of employees. The agreement contained the minimum terms and conditions as required by the Act, and it complied with the low-paid enterprise agreement provisions. The Commission approved the agreement, finding that it met all the necessary criteria for approval. The approval was based on the evidence presented, which demonstrated that the agreement had been negotiated fairly and comprehensively covered the employment terms of the employees.

The Fair Work Commission approved the David Jones Fulfilment Centre Enterprise Agreement 2018, determining that it complied with the requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence that the agreement was made in good faith, covered the relevant group of employees, and included the necessary minimum terms and conditions. The approval of the agreement was effective from the date of the Commission's decision, providing a framework for the terms and conditions of employment for the employees at the David Jones Fulfilment Centre.

David Jones Pty Limited T/A David Jones

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established