TJX Australia Pty Ltd

[2021] FWCA 6224

[2021] FWCA 6224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TJX Australia Pty Ltd
(AG2021/7564)

TJX AUSTRALIA MARSDEN PARK AGREEMENT 2021

Retail industry
COMMISSIONER MATHESON	SYDNEY, 11 OCTOBER 2021

Application for approval of the TJX Australia Marsden Park Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TJX Australia Marsden Park Agreement 2021 (Agreement). The application was made by TJX Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a greenfields agreement.

[2] The Applicant sought to correct an error in the original application, by filing an amended signature page. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act

[3] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[4] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. 

[5] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the Shop, Distributive and Allied Employees’ Association is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the Shop, Distributive and Allied Employees’ Association and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 18 October 2021. The nominal expiry date of the Agreement is three years from the date of approval.

COMMISSIONER

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