J Blackwood & Son Pty Ltd T/A Blackwoods
[2023] FWCA 776
•10 MARCH 2023
| [2023] FWCA 776 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
J Blackwood & Son Pty Ltd T/A Blackwoods
(AG2023/492)
J Blackwood & Son Pty Ltd Greystanes Customer Service Enterprise Agreement 2022 to 2024
| Retail industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 10 MARCH 2023 |
Application for approval of the J Blackwood & Son Pty Ltd Greystanes Customer Service Enterprise Agreement 2022 to 2024.
An application has been made for approval of an enterprise agreement known as the J Blackwood & Son Pty Ltd Greystanes Customer Service Enterprise Agreement 2022 to 2024 (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 T/A Blackwoods (Employer). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “J Blackwood & Son Pty Ltd Greystanes Customer Service Enterprise Agreement 2019-2021”, rather than the title of the Agreement filed with the Commission. I am satisfied however that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).
I am further satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement lodged as part of the application contained a typographical error at clause 2. The Employer sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 1 October 2025.
DEPUTY PRESIDENT
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