DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paperlinx Australia Pty Ltd t/a Spicers
(AG2015/6831)

PAPERLINX AUSTRALIA PTY LTD (DANDENONG SOUTH) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2015

Application for approval of the PaperlinX Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PaperlinX Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paperlinx Australia Pty Ltd t/a Spicers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 22 December 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Paperlinx Australia Pty Ltd, trading as Spicers, applied to the Fair Work Commission for approval of the PaperlinX Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2015. The application arose from a dispute between the applicant and the union over the terms and conditions of employment for workers at the Dandenong South site. The commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the enterprise agreement provided for the protection of employees' rights and whether it complied with the "better off overall test" as outlined in the Fair Work Act. The commission had to examine whether the proposed agreement ensured that employees would be no worse off and ideally better off overall than they would be under the applicable award. Additionally, the commission needed to assess if the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In reaching its decision, the commission considered the submissions from both parties and the statutory criteria for approval. It was found that the proposed agreement did not adequately protect employees' rights and did not satisfy the "better off overall test." The commission identified several deficiencies in the agreement, including inadequate provisions for penalty rates and insufficient protections against adverse action. The commission also noted that certain clauses in the agreement were contrary to public policy, as they undermined the rights of employees to fair treatment and adequate compensation. Based on these findings, the commission concluded that the application for approval should be dismissed. The agreement was not approved, and the matter was remitted back to the parties for further negotiation and resolution.

Paperlinx Australia Pty Ltd t/a Spicers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established