DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4996)

SPEAR & JACKSON (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS AGREEMENT 2015 - 2017

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of National Union of Workers, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between Spear & Jackson (Australia) Pty Ltd and the National Union of Workers. The application pertained to an agreement that outlined the terms and conditions of employment for the employees of Spear & Jackson during the period from 2015 to 2017. The dispute arose from the union's application for the Fair Work Commission's approval of the agreement, which it sought under the Fair Work Act 2009.

The legal issues before the Court centred on whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Court needed to determine if the agreement was made in good faith, if it was genuinely negotiated between the employer and the union, and if it contained the necessary safety net provisions as required by the legislation. Additionally, the Court considered whether the agreement provided for procedural fairness and adequate representation for the employees.

The Fair Work Commission carefully examined the evidence and submissions provided by both parties. It found that the agreement was indeed made in good faith and was the product of genuine negotiation between the employer and the union. The Commission also determined that the agreement contained all the necessary safety net provisions and offered procedural fairness to the employees. Therefore, the Court approved the enterprise agreement, recognising its compliance with the statutory requirements. The final orders included the approval of the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2015 - 2017, thereby formalising the terms and conditions of employment between the parties for the specified period.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established