J Sainsbury & Co (Act) Pty Ltd Summary

[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

CaseChat Overview and Summary

In the recent matter of the application for approval of the J Sainsbury & Co (ACT) Pty Ltd Enterprise Agreement 2025-2028, the Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The application was brought by J Sainsbury & Co (ACT) Pty Ltd, and the respondents included various employee representatives. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically regarding employee entitlements, work arrangements, and procedural fairness.

The central legal issues before the Commission involved whether the proposed agreement contained all the mandatory terms as required by the Fair Work Act, and whether the process by which the agreement was formed was fair and appropriate. Additionally, the Commission had to assess whether the agreement provided for a fair and efficient workplace while balancing the interests of both the employer and employees. The applicants argued that the agreement was comprehensive and met all legislative requirements, while the respondents raised concerns about certain terms and the negotiation process.

In reaching its decision, the Fair Work Commission meticulously reviewed the terms of the proposed agreement against the statutory requirements. The Commission found that the agreement included all mandatory terms and that the negotiation process was fair and appropriate. The Commission considered the submissions from both parties and assessed the balance of the agreement in terms of fairness and efficiency. Ultimately, the Commission was satisfied that the proposed enterprise agreement was compliant with the legislative framework and met the necessary standards for approval.

Consequently, the Fair Work Commission approved the J Sainsbury & Co (ACT) Pty Ltd Enterprise Agreement 2025-2028. This approval signifies that the agreement is now legally binding between the employer and the employees, and it will govern the terms and conditions of employment for the specified period.

J Sainsbury & Co (Act) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established