DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Sainsbury & Co (ACT) Pty Ltd
(AG2017/3455)

J SAINSBURY & CO (ACT) PTY LTD PTY LTD ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2016-2019 (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] 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 Agreement lodged contained several cross-referencing errors throughout the Agreement. On 7 September 2017, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

J Sainsbury & Co (ACT) Pty Ltd, an employer, applied to the Fair Work Commission for approval of an Enterprise Agreement made with its employees. The agreement outlined terms and conditions of employment for a specified period. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the legislative standards, including fairness and compliance with minimum entitlements.

The key legal issues before the Commission were whether the Enterprise Agreement was made in good faith, if it contained the mandated minimum terms and conditions, and whether the agreement was fair and reasonable in all its aspects. The Commission examined the negotiation process, content of the agreement, and its impact on the employees. Particular attention was given to provisions relating to hours of work, overtime, penalty rates, and other employment conditions to ensure they adhered to the legislative framework and provided a fair outcome for both parties.

The Commission found that the negotiation process was conducted in good faith and the agreement contained all the mandated minimum terms and conditions. It was determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employer and employees. The Commission approved the Enterprise Agreement, acknowledging its balanced approach and the parties' commitment to fair and productive workplace relations. The decision was made in the context of ensuring that the agreement met the legislative requirements and provided a fair outcome for all involved.

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