PaperlinX Australia Pty Ltd T/A Spicers

[2013] FWCA 7542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PaperlinX Australia Pty Ltd T/A Spicers
(AG2013/9491)

PAPERLINX AUSTRALIA PTY LTD TRADING AS SPICERS (NEW SOUTH WALES) AND NUW ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Paperlinx Australia Pty Ltd trading as Spicers (New South Wales) and NUW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Paperlinx Australia Pty Ltd trading as Spicers (New South Wales) and NUW Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 trading as Spicers (New South Wales) and NUW Enterprise Agreement 2013. The applicant sought the approval of the agreement, which had been negotiated with the National Union of Workers, to ensure that the terms and conditions of employment for its employees were legally binding and enforceable.

The primary legal issue before the Commission was whether the terms of the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to minimum wages, penalty rates, and other conditions of employment. The Commission also had to consider whether the agreement met the "better-off overall test" which requires that employees be no worse off financially under the terms of the new agreement than they would be under the previous agreement or applicable awards.

The Commission found that the agreement satisfied all the necessary legal requirements. It met the "better-off overall test" and contained provisions that were consistent with the Fair Work Act. The agreement included provisions for minimum wages and penalty rates that were compliant with the relevant award, as well as other conditions that were fair and reasonable. The Commission approved the agreement, finding it to be in the best interests of the employees and the employer, and conducive to a productive workplace.

The Fair Work Commission approved the PaperlinX Australia Pty Ltd trading as Spicers (New South Wales) and NUW Enterprise Agreement 2013. This decision ensures that the terms and conditions of employment for the employees are legally binding and enforceable, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established