David Jones Pty Ltd T/A David Jones

[2019] FWCA 1051

[2019] FWCA 1051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Jones Pty Ltd T/A David Jones
(AG2018/6708)

DAVID JONES ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the David Jones Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the David Jones 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 Ltd T/A David Jones. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Shop, Distributive and Allied Employees Association, 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.

[5] The Agreement was approved on 19 February 2019 and, in accordance with s.54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 19 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501861  PR705060>