J Blackwood & Son Pty Limited T/A Blackwoods

[2023] FWCA 894

[2023] FWCA 894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

J Blackwood & Son Pty Limited T/A Blackwoods

(AG2023/617)

BLACKWOODS REGENCY PARK WAREHOUSE ENTERPRISE AGREEMENT - 2023 - 2026

Retail industry
COMMISSIONER PLATT	ADELAIDE, 28 MARCH 2023

Application for approval of the Blackwoods Regency Park Warehouse Enterprise Agreement - 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the Blackwoods Regency Park Warehouse Enterprise Agreement - 2023 - 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by J Blackwood & Son Pty Limited T/A Blackwoods (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 March 2023 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 23 March 2023 The undertaking deals with the following topics:

• Trainees as defined in the Storage Services and Wholesale Award 2020 (the Award), will not be engaged under the Agreement.

• If an employee covered by the agreement is called back to work after the employee has left work for the day the employee will be paid the minimum amounts set out at Clause 23 of the Award. For the purposes of calculating any amount payable under this undertaking, the minimum rates in the Agreement will be used in place of the minimum rates in the Award.

• An employee covered by the Agreement who is engaged under the Agreement’s Grade 1 Classification will not be temporarily required to perform the duties set out in the Agreement’s Grade 5 Classification.

1. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The “Shop, Distributive and Allied Employees’ Association, South Australia and Northern Territory Branch”, 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) of the Act I note that the Agreement covers this organisation.

Approval

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 27 March 2026.

COMMISSIONER

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