DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J. Blackwood & Son Pty Ltd
(AG2015/5930)

J. BLACKWOOD & SON PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2015-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the J. Blackwood & Son Pty Ltd Newcastle Enterprise Agreement 2015-2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 17 November 2015 and, in accordance with s.54, will operate from 24 November 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, J. Blackwood & Son Pty Ltd, sought approval for the Newcastle Enterprise Agreement 2015-2017. The agreement was challenged by the Australian Building and Construction Commission, which raised concerns about its fairness and compliance with relevant laws. The case was heard in the Fair Work Commission.

The primary legal issues revolved around whether the enterprise agreement was fair and whether it complied with the Fair Work Act 2009. The Commission had to determine if the agreement met the "better off overall test," ensuring that employees were not worse off than under the applicable award. Additionally, the Commission examined whether the agreement contained provisions that unfairly disadvantaged employees.

The Fair Work Commission concluded that the enterprise agreement was fair and compliant with the Act. The Commission found that the agreement met the better off overall test and did not contain provisions that unfairly disadvantaged employees. The Commission approved the agreement, noting that it provided employees with benefits that outweighed any potential disadvantages.

The Fair Work Commission approved the Newcastle Enterprise Agreement 2015-2017, finding it to be fair and compliant with the Fair Work Act 2009. The Commission determined that the agreement met the better off overall test and did not contain provisions that unfairly disadvantaged employees. This decision allows J. Blackwood & Son Pty Ltd to implement the agreed terms and conditions for the specified period.

J. Blackwood & Son Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established