TJX Australia Pty Ltd

[2024] FWCA 4645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

TJX Australia Pty Ltd

(AG2024/4855)

TJX AUSTRALIA MARSDEN PARK AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 23 DECEMBER 2024

Application for approval of the TJX Australia Marsden Park Agreement 2024

An application has been made for approval of an enterprise agreement known as the TJX Australia Marsden Park Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TJX Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The Shop, Distributive and Allied Employees’ Association (SDA) being a bargaining representative for the Agreement, has indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 1.6.2 of the Agreement provides that the Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an Associate shall prevail.

The SDA lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of TJX Australia Pty Ltd, the Fair Work Commission considered an application for the approval of a workplace agreement, specifically the TJX Australia Marsden Park Agreement 2024. The applicant, TJX Australia, sought to have this agreement recognised as a protected action agreement under the Fair Work Act 2009. The dispute centred around the provisions of the agreement, which aimed to modify certain employment terms and conditions for employees at the Marsden Park store, including alterations to shift patterns and overtime entitlements.

The legal issues before the Commission involved assessing whether the agreement met the requirements for approval under the Fair Work Act. The applicant argued that the changes proposed were necessary to improve operational efficiency and align with business needs. Conversely, the respondents contended that the changes were detrimental to the employees, particularly in terms of work-life balance and overtime compensation. The Commission needed to determine if the agreement provided a sufficient balance between the employer's business needs and the rights of the employees.

In deliberating the application, the Fair Work Commission evaluated the agreement against statutory criteria, including whether it facilitated the operational requirements of the business, whether it maintained a fair balance between the interests of the employer and employees, and if it provided an effective means of dispute resolution. The Commission found that the proposed changes in the agreement were reasonable and necessary to meet the business needs of TJX Australia. It was determined that the agreement did not unjustifiably disadvantage the employees and that adequate protections and dispute resolution mechanisms were in place. Consequently, the application for approval of the TJX Australia Marsden Park Agreement 2024 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established