J. Blackwood & Son Pty Limited

[2021] FWCA 4621

[2021] FWCA 4621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J. Blackwood & Son Pty Limited
(AG2021/6155)

BLACKWOODS GREYSTANES WAREHOUSE ENTERPRISE AGREEMENT - 2021 - 2023

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 30 JULY 2021

Application for approval of the Blackwoods Greystanes Warehouse Enterprise Agreement - 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Blackwoods Greystanes Warehouse Enterprise Agreement - 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J. Blackwood & Son Pty Limited. 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. The undertakings are taken to be a term of 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] I note that the provisions at clauses 8, 21.3, 30.6 and 32.3(d)(i) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

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Annexure A