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

Annexure A

CaseChat Overview and Summary

In the matter of J Blackwood & Son Pty Ltd, trading as Blackwoods, the Fair Work Commission was tasked with approving the Macquarie Park Customer Service Enterprise Agreement 2019-2021. The application arose from negotiations between the employer and the employees' representative, the Shop, Distributive and Allied Employees Association (SDA). The employees, who were customer service officers and customer service managers, sought better terms and conditions of employment, while the employer aimed to maintain a balance between the interests of the business and those of the employees.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. This required the Commission to determine if the agreement provided for, among other things, fair and reasonable terms and conditions of employment, and if it was appropriately certified by the SDA as a genuine agreement. The Commission had to examine whether the agreement adequately addressed the employees' concerns and whether the employer's counter-proposals were fair and reasonable. Additionally, the Commission needed to assess if the proposed agreement complied with the applicable minimum standards set out in the relevant modern award.

The Commission found that the proposed agreement was fair and reasonable on the whole. It concluded that the agreement addressed the employees' key concerns, including wage increases, penalty rates, and improved leave provisions. The Commission noted the parties' commitment to negotiating in good faith and their efforts to reach a compromise. The employer's counter-proposals were deemed to be reasonable, considering the financial position of the business and the need to maintain competitiveness. The Commission also found that the agreement met the certification requirements under the Act. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Macquarie Park Customer Service Enterprise Agreement 2019-2021, effective from 1 July 2019. The agreement was to remain in force until 30 June 2021, subject to any subsequent amendments or terminations in accordance with the terms of the agreement or applicable law. This decision provided certainty and stability for both the employer and employees, ensuring that the terms and conditions of employment were fair and reasonable.

J Blackwood & Son Pty Ltd T/A Blackwoods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established