DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/5176)

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

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

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

[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 (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 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.

[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 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 28 January 2019. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the National Union of Workers sought approval of the SPAR Australia Limited - National Union of Workers Union Collective Agreement 2019. This agreement was submitted for assessment under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and whether it contained unfair provisions that could adversely affect the employees of SPAR Australia Limited. The parties involved were the National Union of Workers, representing the employees, and SPAR Australia Limited, the employer.

The legal issues before the Commission included the determination of whether the agreement had been genuinely negotiated between the parties, if it contained appropriate dispute resolution mechanisms, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees. Furthermore, the Commission assessed if any provisions in the agreement were unfair within the meaning of the Act.

The Commission found that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. It determined that the terms and conditions of employment provided in the agreement were fair and reasonable, and that the agreement did not include any unfair provisions. The Commission approved the agreement based on these findings, ensuring that it met all the statutory requirements under the Fair Work Act. The decision highlights the importance of ensuring that collective agreements are fair and negotiated in good faith, while also providing for effective dispute resolution mechanisms.

The Fair Work Commission approved the SPAR Australia Limited - National Union of Workers Union Collective Agreement 2019, confirming that it complied with the Fair Work Act. The decision underscores the necessity for genuine negotiation and fair terms in collective agreements, while also ensuring that appropriate dispute resolution mechanisms are in place. This approval provides a framework for the terms and conditions of employment for the employees of SPAR Australia Limited, subject to the provisions of the approved agreement.

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