J Blackwood & Son Pty Ltd T/A Blackwoods

[2020] FWCA 5193

[2020] FWCA 5193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Blackwood & Son Pty Ltd T/A Blackwoods
(AG2020/2485)

J BLACKWOOD & SON PTY LTD MACQUARIE PARK CUSTOMER SERVICE ENTERPRISE AGREEMENT 2019 - 2021

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the J Blackwood & Son Pty Ltd Macquarie Park Customer Service Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the J Blackwood & Son Pty Ltd Macquarie Park Customer Service Enterprise Agreement 2019 - 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by J Blackwood & Son Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 18 September 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A