DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Sainsbury & Co (ACT) Pty Ltd
(AG2017/6475)

J SAINSBURY & CO(ACT) PTY LTD ENTERPRISE AGREEMENT PLUMBING & MECHANICAL SERVICES 2017-2021

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JUNE 2018

Application for approval of the J Sainsbury & Co(ACT) Pty Ltd Enterprise Agreement Plumbing & Mechanical Services 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the J Sainsbury & Co (ACT) Pty Ltd Enterprise Agreement Plumbing & Mechanical Services 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J Sainsbury & Co (ACT) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] The Agreement lodged contained an error in the weekly rate for a Mechanical Services Plumber – Group 3, at Table 1 of Appendix 7. On 29 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, J Sainsbury & Co (ACT) Pty Ltd, an employer, applied for approval of the Enterprise Agreement Plumbing & Mechanical Services 2017-2021. The applicant sought to certify the agreement under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for plumbers and mechanical service workers within the organisation. The Commission was required to determine whether the agreement met the criteria for certification, including whether it provided for the fair and efficient determination of terms and conditions of employment, and whether it complied with the good faith bargaining requirements.

The Commission examined the process of negotiation and the content of the agreement to ensure it aligned with the legislative requirements. It was essential to verify that the agreement was negotiated in good faith and that it contained all the mandatory terms as stipulated by the Fair Work Act. The Commission also considered the procedural fairness of the agreement, ensuring that the process leading to its creation was fair and transparent. The Commission concluded that the agreement was fairly negotiated and contained all the mandatory terms, and thus met the criteria for certification.

As a result of this determination, the Commission approved the Enterprise Agreement Plumbing & Mechanical Services 2017-2021. The agreement was certified and became legally binding between J Sainsbury & Co (ACT) Pty Ltd and the employees covered by the agreement. This certification ensured that the terms and conditions of employment for the plumbers and mechanical service workers were legally recognised and enforceable.

J Sainsbury & Co (ACT) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established