DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

David Jones Pty Limited T/A David Jones
(AG2015/3732)

DAVID JONES FULFILMENT CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2015

Application for approval of the David Jones Fulfilment Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the David Jones Fulfilment Centre Enterprise Agreement 2015 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 July 2015. On 4 August 2015 I received a signed undertaking in response to the queries from Paula Bauchinger, Group Executive – HR Services. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Shop, Distributive and Allied Employees Association and the Transport Workers’ Union of Australia have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with Section 201(2) of the Act I note that the Agreement covers the two organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2015. The nominal expiry date of the Agreement is 16 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, David Jones Pty Limited trading as David Jones, sought approval of the David Jones Fulfilment Centre Enterprise Agreement 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the David Jones Fulfilment Centre, focusing on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement provided for the mandatory minimum entitlements of employees, as required by the Fair Work Act. The applicants argued that the agreement appropriately balanced the needs of the business with the rights of employees, while the respondents contended that certain provisions did not sufficiently protect employee entitlements. The court needed to determine if the agreement complied with the statutory requirements, including the provisions regarding minimum wages, penalty rates, leave entitlements, and other employment conditions.

The Fair Work Commission examined the terms of the agreement and assessed whether it met the mandatory minimum standards set out in the Fair Work Act. The Commission found that the agreement did provide for the necessary minimum entitlements and conditions, and that the provisions were fair and reasonable in the context of the business operations. The Commission approved the agreement, recognising that it struck an appropriate balance between the rights of employees and the operational needs of the business. The court's decision was based on a detailed analysis of the agreement's provisions and their compliance with the statutory requirements.

The final orders of the Fair Work Commission were that the David Jones Fulfilment Centre Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the employees covered by the agreement. This decision provided clarity on the terms of employment for the workers at the David Jones Fulfilment Centre and ensured compliance with the statutory requirements for enterprise agreements.

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