DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/5810)

SPEAR & JACKSON (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS AGREEMENT 2017-2019

Storage services
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2017-2019.

[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 2017-2019 (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 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, 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Spear & Jackson (Australia) Pty Ltd and the National Union of Workers for the period 2017-2019. The National Union of Workers sought approval of the agreement, which outlined terms and conditions of employment for its members. The legal issues central to the case centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it contained the requisite minimum terms. The commission needed to ascertain whether the agreement complied with the statutory requirements for enterprise agreements, including the provision of genuine bargaining and the inclusion of the minimum safety net entitlements.

In its reasoning, the Fair Work Commission considered the process through which the agreement was negotiated, examining whether both parties had genuinely bargained and whether the agreement contained all the minimum terms as mandated by the Fair Work Act. The commission examined the evidence provided by both parties and assessed the process of negotiation, including whether there were any procedural irregularities or unfair practices. Additionally, the commission evaluated the substantive terms of the agreement to ensure they met the minimum safety net provisions. The commission found that the agreement was made in good faith, with evidence of genuine bargaining, and that all the minimum terms were included in the agreement. Consequently, the commission approved the agreement, deeming it to be compliant with the statutory requirements.

The final orders of the commission were to approve the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2017-2019, recognising it as a registered enterprise agreement under the Fair Work Act 2009. This approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the employer and the union members 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