Application for approval of the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2025-2028

[1] J Sainsbury & Co (Act) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the J Sainsbury & Co (ACT) Pty Ltd Pty Ltd Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer initially filed an incomplete Form F17B, leaving several questions unanswered. The Employer subsequently provided a revised Form F17B addressing all questions.

[3] I consider it appropriate in the circumstances to allow a correction of a document

relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[4] The Agreement does not contain a delegates' rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates' rights term from the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found in Appendix 10.

Section 190 Undertakings

[5] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 9 to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[6] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

[7] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

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