DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PaperlinX Australia Pty Ltd t/a Spicers
(AG2015/5129)

SPICERS QUEENSLAND AGREEMENT – REPRESENTED BY THE NATIONAL UNION OF WORKERS

Storage services
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Spicers Queensland Agreement - Represented by the National Union of Workers.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Queensland Agreement - Represented by the National Union of Workers (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 16 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved PaperlinX Australia Pty Ltd trading as Spicers, who sought approval for a new workplace agreement, referred to as the Spicers Queensland Agreement. The applicant, PaperlinX, was represented by legal counsel. The National Union of Workers contested the application, raising objections to certain provisions of the proposed agreement. The case was heard in the Fair Work Commission, Australia's independent workplace relations tribunal.

The central legal issues the court had to address were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The union argued that specific provisions of the agreement did not meet the statutory criteria for approval, particularly in relation to employee entitlements and conditions of employment. The court needed to carefully examine the terms of the agreement and assess whether they were in line with the legislative framework designed to protect employee rights.

In its decision, the Fair Work Commission considered the arguments presented by both parties. The commission found that while the union's objections raised valid concerns, the overall terms of the Spicers Queensland Agreement were fair and reasonable. The court acknowledged the need to balance the rights and interests of both employers and employees, and concluded that the agreement did not unjustifiably disadvantage employees. Therefore, the commission approved the Spicers Queensland Agreement, despite the union's objections.

In light of its decision, the Fair Work Commission ordered that the Spicers Queensland Agreement be approved as a registered agreement under the Fair Work Act 2009. This ruling allowed PaperlinX to implement the terms of the agreement, subject to compliance with the Act and any other relevant industrial instruments.

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