DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/2922)

SPAR AUSTRALIA LIMITED - NATIONAL UNION OF WORKERS UNION COLLECTIVE AGREEMENT 2019 - 2021

Storage services
COMMISSIONER JOHNS	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the SPAR Australia Limited - National Union of Workers Union Collective Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the SPAR Australia Limited - National Union of Workers Union Collective Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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 National Union of Workers (NUW) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers applied for the approval of a proposed Union Collective Agreement between the union and SPAR Australia Limited, covering the period 2019 to 2021. The agreement included provisions regarding pay rates, conditions of employment, and dispute resolution mechanisms. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement met the statutory requirements for approval, including that it was made in good faith and for the purpose of regulating the terms and conditions of employment. The Commission considered the fairness of the agreement's provisions, including the pay rates and conditions of employment, and concluded that the agreement was in the best interests of the employees. The Commission also noted that the agreement included a dispute resolution process that was fair and efficient.

The Commission approved the proposed Union Collective Agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the calculation of overtime rates and the process for resolving disputes. The Commission emphasised the importance of ensuring that the agreement was fair and reasonable for all parties and that it complied with the statutory requirements for approval.

The approved agreement will now apply to the employees covered by the agreement for the period 2019 to 2021. The Commission's decision provides guidance for unions and employers on the requirements for approving a Union Collective Agreement and the factors that the Commission will consider in determining whether an agreement is in the best interests of employees.

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