David Jones Pty Limited T/A David Jones

[2024] FWCA 1453

[2024] FWCA 1453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

David Jones Pty Limited T/A David Jones

(AG2024/991)

DAVID JONES ENTERPRISE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 22 APRIL 2024

Application for approval of the David Jones Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the David Jones Enterprise Agreement 2024 (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.

1. 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. The undertakings are taken to be a term of the Agreement.

1. The Applicant has advised that shift work is not a current nor foreseeable practice in the workplace. Having regard to this advice and to the nature of the enterprise, I have applied the Better Off Overall Test on that basis. I have not had regard to the absence of provisions in relation to shift worker definitions and shift penalties which are otherwise contained within the relevant Award.

1. 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.

1. The Shop, Distributive and Allied Employees Association (SDAEA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The SDAEA supports approval of the Agreement and are of the view that the Agreement passes the better off overall test.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·           Clause 6.2 – Abandonment of employment.

However, noting clause 1.4(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 22 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524326  PR773746>

Annexure A