TJX Australia Pty Ltd
[2024] FWCA 4645
•23 DECEMBER 2024
| [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
<AE527397 PR782774>
Annexure A
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