Spar Australia Limited

[2025] FWCA 2415

[2025] FWCA 2415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spar Australia Limited

(AG2025/2143)

SPAR AUSTRALIA LIMITED - UNITED WORKERS UNION COLLECTIVE AGREEMENT 2025

Storage services
COMMISSIONER SIMPSON	BRISBANE, 25 JULY 2025

Application for approval of the Spar Australia Limited - United Workers Union Collective Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Spar Australia Limited - United Workers Union Collective Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spar Australia Limited (the Applicant). The Agreement is a single enterprise agreement.

1. I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.
   

COMMISSIONER

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