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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves TJX Australia Pty Ltd, an applicant, seeking approval of the TJX Australia Marsden Park Agreement 2021. The agreement, intended to govern the terms of employment for certain employees, was challenged by the Retail and Fast Food Workers Union of Victoria, which represents some of the employees. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with deciding the application.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employees, employers, and the broader community. The Commission had to consider the fairness of the agreement's terms, particularly in light of the employees' representation and the agreement's impact on their conditions of employment.

The Commission found that the agreement met the requirements of the Act and was fair and reasonable in its terms. The agreement provided for a comprehensive set of employment conditions that took into account the needs and interests of both the employees and the employer. The Commission was satisfied that the agreement was not likely to have an adverse effect on the broader community and that it appropriately balanced the interests of all parties involved. Consequently, the Commission approved the agreement.

The Fair Work Commission's final order was that the TJX Australia Marsden Park Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The approval was contingent upon the agreement being certified by the Registrar of the Fair Work Commission.

TJX Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established