J Blackwood & Son Pty Limited T/A Blackwoods; Shop, Distributive and Allied Employees Association

[2014] FWCA 2407

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; Shop, Distributive and Allied Employees Association
(AG2014/677)

J BLACKWOOD & SON PTY LTD SMITHFIELD CUSTOMER SERVICE ENTERPRISE AGREEMENT 2013 - 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 11 APRIL 2014

J Blackwood & Son Pty Ltd Smithfield Customer Service Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the J Blackwood & Son Pty Ltd Smithfield Customer Service Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by J Blackwood & Son Pty Ltd (the company). The Agreement is a single-enterprise agreement.

[2] The company has provided written undertakings in relation to the base wage rates in clause 8.7, casual loading at clause 13.2, meal allowances at clause 16.6(b) and the cashing out of annual leave provisions found in clause 23 of the Agreement. The 14 Employee Bargaining Representatives listed in the Employer’s Form F16 were provided with an opportunity to respond to the undertaking and The Shop, Distributive and Allied Employees’ Association (SDA) has provided written support for the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The SDA 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, will operate from 18 April 2014. The nominal expiry date is 1 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case of J Blackwood & Son Pty Limited T/A Blackwoods; Shop, Distributive and Allied Employees Association was heard in the Fair Work Commission. The dispute arose from the interpretation and application of the Smithfield Customer Service Enterprise Agreement 2013 - 2015. The employer, J Blackwood & Son Pty Limited, sought to enforce certain clauses of the agreement, while the union, Shop, Distributive and Allied Employees Association, contested the employer’s interpretation and sought clarification on specific terms. The central issue was whether certain provisions of the enterprise agreement permitted the employer to implement changes in working conditions without prior union consultation.

The Fair Work Commission considered whether the enterprise agreement explicitly allowed the employer to alter the terms of employment, specifically regarding hours of work and shift patterns. The court examined the language of the agreement and the context in which it was negotiated. It was determined that the agreement contained provisions that permitted unilateral changes under certain circumstances. The Commission found that the employer had the right to implement the changes as long as they were consistent with the terms outlined in the agreement and did not contravene any statutory requirements.

As a result, the Fair Work Commission ruled in favour of the employer, affirming that the Smithfield Customer Service Enterprise Agreement 2013 - 2015 permitted the unilateral implementation of changes to working conditions. The union’s challenge to the interpretation of the agreement was dismissed. The decision clarified the scope of the employer’s rights under the agreement, affirming the validity of the employer’s actions. The final orders of the Commission enforced the employer's right to implement the changes as per the agreement, while also providing guidelines for future compliance with the terms of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established