DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.E. Spence & Co P/L T/A Spence Doors
(AG2017/1690)

R. E. SPENCE & CO P/L CHELTENHAM VICTORIA ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MAY 2017

Application for approval of the R. E. Spence & Co P/L Cheltenham Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the R. E. Spence & Co P/L Cheltenham Victoria Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.E. Spence & Co P/L T/A Spence Doors. 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. 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 Construction, Forestry, Mining and Energy Union 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.

[4] The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, R.E. Spence & Co P/L trading as Spence Doors, sought the Fair Work Commission's approval of the R.E. Spence & Co P/L Cheltenham Victoria Enterprise Agreement 2017. The applicant and the respondents, the Australian Manufacturing Workers' Union and the United Voice, had reached an agreement for the employees working for the applicant in the Cheltenham area. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable, and whether it included all the mandated minimum entitlements as stipulated by the Act. The court also had to determine whether the agreement had been made in good faith and without coercion, and whether it adhered to the requirements for certification as a single interest employer agreement.

The court found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees. It included all mandated minimum entitlements and had been made in good faith. The court noted that the agreement was negotiated between parties with differing interests and was a genuine outcome of negotiations. The court also found that the agreement met the necessary requirements for certification as a single interest employer agreement. Therefore, the court approved the agreement.

The final order of the court was that the R.E. Spence & Co P/L Cheltenham Victoria Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of registration and would govern the employment conditions of the employees covered by the agreement.

R.E. Spence & Co P/L T/A Spence Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established