J Blackwood & Son Pty Limited T/A Blackwoods Summary

[2018] FWCA 1556

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

J Blackwood & Son Pty Limited T/A Blackwoods

(AG2017/5281)

J Blackwood & Son Pty Ltd Macquarie Park Customer Service Enterprise Agreement 2017 - 2019

Retail industry
Deputy President Colman	MELBOURNE, 15 MARCH 2018

Application for approval of the J Blackwood & Son Pty Ltd Macquarie Park Customer Service Enterprise Agreement 2017 - 2019.

An application has been made for approval of an enterprise agreement known as the J Blackwood & Son Pty Ltd Macquarie Park Customer Service 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.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 March 2018 and, in accordance with s.54, will operate from 22 March 2018. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by J Blackwood & Son Pty Limited, trading as Blackwoods, for the approval of the Macquarie Park Customer Service Enterprise Agreement 2017-2019. The application came before the Commission following the conclusion of a bargaining process that resulted in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 for registration and approval.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Act, including whether it had been genuinely bargained, whether it contained the minimum terms and conditions of employment, and whether it met the other statutory criteria for approval. In particular, the Commission needed to assess the fairness of the agreement in light of the economic circumstances of the parties and the broader labour market.

The Commission found that the agreement had been genuinely bargained between the employer and the employees' representatives, and it satisfied the minimum terms and conditions set out in the Act. The Commission also considered the economic context and the specific circumstances of the bargaining parties. After careful consideration of the evidence and submissions, the Commission determined that the proposed agreement was fair and reasonable. Consequently, the Commission approved the Macquarie Park Customer Service Enterprise Agreement 2017-2019 for registration, and it became legally binding on the parties from the date of the decision. The Commission's decision was based on the conclusion that the agreement met all the statutory requirements for approval under the Fair Work Act 2009.

J Blackwood & Son Pty Limited T/A Blackwoods

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established