J. Blackwood & Son Pty Ltd Summary

[2013] FWCA 7111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

J. Blackwood & Son Pty Ltd
(AG2013/2733)

J. BLACKWOOD & SON LIMITED NEWCASTLE ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the J. Blackwood & Son Limited Newcastle Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the J. Blackwood & Son Limited Newcastle Enterprise Agreement 2013 (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 agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date is one (1) year from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by J. Blackwood & Son Pty Ltd for the approval of the J. Blackwood & Son Limited Newcastle Enterprise Agreement 2013. The application arose from negotiations between the employer and the employees, represented by the Transport Workers Union of Australia. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically regarding wages, hours of work, and other employment-related matters.

The legal issues before the court involved whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, whether it had been genuinely negotiated, and whether it complied with the procedural requirements set forth in the Act. Additionally, the court examined if the agreement adequately addressed the needs and interests of the employees and if it provided for a proper balance between the employer's operational needs and the employees' entitlements.

The Fair Work Commission determined that the proposed enterprise agreement met all the necessary legal criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions, had been genuinely negotiated, and complied with the procedural requirements of the Fair Work Act. The agreement was deemed to adequately address the needs and interests of the employees, and it struck an appropriate balance between the employer's operational needs and the employees' entitlements. Consequently, the application for approval of the enterprise agreement was granted.

J. Blackwood & Son Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established