DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Blackwood & Son Pty Limited T/A Blackwoods
(AG2017/6772)

J. BLACKWOOD & SON PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2017-2019

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 21 JUNE 2018

Application for approval of the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2017-2019 (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 T/A Blackwoods. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings are 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, J. Blackwood & Son Pty Limited, trading as Blackwoods, applied for approval of the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2017-2019. The application was made by the employer, seeking the Commission's endorsement of the terms and conditions of employment set out in the proposed agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it contained the necessary provisions for fair and reasonable terms of employment.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory criteria for approval, including that it contained only matters that could be the subject of an enterprise agreement, and that it provided for the protection of employees' rights. Additionally, the Commission had to determine if the agreement was made in good faith and whether it facilitated, or was likely to facilitate, improved productivity, efficiency, and profitability without compromising the employees' rights. The Commission also considered whether the agreement contained appropriate dispute resolution processes and if it provided for the fair treatment of employees.

The Commission, after thorough examination of the agreement, found that it complied with the statutory requirements and contained the necessary provisions for fair and reasonable terms of employment. The proposed agreement included matters that could be the subject of an enterprise agreement, protected employees' rights, and provided for improved productivity, efficiency, and profitability without compromising the employees' rights. Furthermore, the agreement included appropriate dispute resolution processes and ensured the fair treatment of employees. Consequently, the Commission approved the application for the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2017-2019.

J Blackwood & Son Pty Limited T/A Blackwoods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established