John Danks & Son Pty Ltd

[2014] FWCA 6510

[2014] FWCA 6510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John Danks & Son Pty Ltd
(AG2014/8764)

JOHN DANKS & SON PTY LTD WESTERN AUSTRALIAN DISTRIBUTION CENTRE EMPLOYEES' ENTERPRISE AGREEMENT 2014-2017

Retail industry
COMMISSIONER BULL	SYDNEY, 17 SEPTEMBER 2014

Application for approval of the John Danks & Son Pty Ltd Western Australian Distribution Centre Employees’ Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd Western Australian Distribution Centre Employees’ Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Model flexibility term

[2] In the Form F17 - Employer’s statutory declaration in support of an application for approval of an enterprise agreement (Form F17), the employer declared that the flexibility term could be found at clause 4 of the Agreement. Clause 4 of the Agreement states that workplace flexibility will be managed in line with the model flexibility term as per Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

[3] As such, the model flexibility term found at Schedule 2.2 of the Regulations will be taken to be a term of the Agreement.

[4] A copy of the model flexibility term is attached at Annexure A.

[5] The Shop, Distributive and Allied Employees Association 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 this organisation.

[6] The Agreement will cover employees working in the Distribution Centre located at Tomah Road, Weshpool in Western Australian and who are engaged in a classification under the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 24 September 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code G, AE410165  PR555580>