DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J. Blackwood & Son Pty Ltd T/A Blackwoods
(AG2019/3753)

BLACKWOODS GREYSTANES WAREHOUSE ENTERPRISE AGREEMENT 2018 - 2021

Storage services
COMMISSIONER JOHNS	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Blackwoods Greystanes Warehouse Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Blackwoods Greystanes Warehouse Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by J. Blackwood & Son Pty Ltd T/A Blackwoods. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Shop, Distributive and Allied Employees Association (SDA) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, J. Blackwood & Son Pty Ltd, trading as Blackwoods, sought approval for the Blackwoods Greystanes Warehouse Enterprise Agreement 2018-2021, with the respondents being the Australian Manufacturing Workers' Union (AMWU) and other unions. The agreement aimed to regulate employment conditions for warehouse workers in Sydney. The application was heard in the Fair Work Commission, which had to determine if the agreement met the necessary legal standards.

The central legal issue was whether the agreement complied with the Fair Work Act 2009, particularly sections 230 and 231, which require enterprise agreements to cover minimum entitlements and be free from prohibited content. Additionally, the Commission needed to assess if the agreement was made in good faith and if it provided a safety net for employees. The AMWU contested the agreement on several grounds, including the provision of minimum wages and the potential impact on employee entitlements.

The Fair Work Commission found that the agreement largely complied with the Act. The Commission acknowledged that some provisions did not meet minimum entitlements but considered these minor and unlikely to significantly affect the employees. The Commission was satisfied that the agreement was made in good faith and did not contain any prohibited content. Given the overall benefits and minor deficiencies, the Commission approved the agreement under section 234 of the Fair Work Act, allowing it to come into effect.

The Commission's decision was that the Blackwoods Greystanes Warehouse Enterprise Agreement 2018-2021 should be approved and registered. This decision effectively allowed the agreement to regulate the employment conditions of the warehouse workers in Sydney, subject to the terms and conditions outlined in the agreement.

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