J Sainsbury & Co (Act) Pty Ltd
[2025] FWCA 2144
•30 JUNE 2025
| [2025] FWCA 2144 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
J Sainsbury & Co (Act) Pty Ltd
(AG2025/1790)
J SAINSBURY & CO (ACT) PTY LTD PTY LTD ENTERPRISE AGREEMENT 2025-2028
| Building and construction industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 30 JUNE 2025 |
Application for approval of the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2025-2028
Introduction
J Sainsbury & Co (Act) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Incomplete Form F17B
The Employer initially filed an incomplete Form F17B, leaving several questions unanswered. The Employer subsequently provided a revised Form F17B addressing all questions.
I consider it appropriate in the circumstances to allow a correction of a document
relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Appendix 10.
Section 190 Undertakings
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 9 to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529526 PR788714>
0
0
0