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

CaseChat Overview and Summary

David Jones Pty Ltd, trading as David Jones, applied to the Fair Work Commission for the approval of the David Jones Enterprise Agreement 2018. The application followed negotiations between David Jones and the Retail and Fast Food Workers Union, which resulted in the proposed agreement. The primary dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the application raised questions about whether the agreement provided adequate protections for employees, complied with minimum wage and conditions standards, and was genuinely negotiated.

The legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with the relevant statutory provisions. Key considerations included whether the agreement appropriately balanced the interests of the employer and employees, ensured that employees were not worse off, and met the requirements for genuine bargaining. The Commission also needed to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it adhered to the procedural fairness standards set out in the Act.

The Fair Work Commission carefully examined the terms of the proposed agreement, taking into account submissions from both David Jones and the Retail and Fast Food Workers Union. The Commission found that the agreement was fairly negotiated and met the statutory requirements for approval. It noted that the agreement provided reasonable protections for employees, adhered to minimum wage and conditions standards, and was not contrary to public interest. Consequently, the Commission approved the David Jones Enterprise Agreement 2018, deeming it compliant with the provisions of the Fair Work Act.

David Jones Pty Ltd 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