DECISION

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

R.E. Spence & Co. Proprietary Limited T/A Spence Doors
(AG2020/704)

R.E. SPENCE & CO P/L CHELTENHAM VICTORIA ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 APRIL 2020

Application for approval of the R.E. Spence & Co P/L Cheltenham Victoria Enterprise Agreement 2020.

[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 2020 (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. Proprietary Limited 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, Maritime, Mining & 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 8 April 2020 and, in accordance with s.54, will operate from 15 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Spence, acting as the employer, applied for the approval of the R.E. Spence & Co Proprietary Limited Cheltenham Victoria Enterprise Agreement 2020. The applicant is a small business employing approximately 20 workers, predominantly in manufacturing, at its premises in Cheltenham, Victoria. The dispute arose from the negotiation of a new enterprise agreement, with the employees represented by the Australian Manufacturing Workers' Union. The crux of the matter before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and appropriate terms and conditions of employment, including remuneration and other benefits, and whether it complied with the procedural requirements of the Act. The Commission needed to assess if the agreement contained all mandated terms and conditions and if the process followed in reaching the agreement was fair and lawful. Additionally, the Commission had to consider whether the agreement would facilitate a productive workplace relationship between the employer and employees.

In delivering its decision, the Commission noted that the proposed agreement contained all the mandated terms and conditions as required by the Fair Work Act. The Commission found that the agreement provided for fair and appropriate terms and conditions, including provisions for remuneration, leave, and other employment benefits. The Commission also determined that the process followed in reaching the agreement was fair and compliant with the procedural requirements of the Act. Consequently, the Commission approved the application for the agreement's registration. The approved agreement will now serve as the governing document for the employment terms and conditions of the employees of the applicant.

R.E. Spence & Co. Proprietary Limited 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