| [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
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.
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.
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.
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.
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.
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.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Spar Australia Limited [2025] FWCA 2415
- Case
- [2025] FWCA 2415
- Decision Date
CaseChat Overview and Summary
The key legal issues before the commission were whether the agreement complied with the relevant provisions of the Fair Work Act, including the protection of employees' rights and interests, and whether it provided for appropriate mechanisms to resolve disputes. The commission also needed to assess if the agreement was consistent with the national system of minimum wages and conditions, and if it provided fair and reasonable terms for both parties.
After examining the agreement, the commission found that it contained provisions that adequately protected employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The commission concluded that the agreement was consistent with the national system of minimum wages and conditions, and it provided fair and reasonable terms for both parties. Therefore, the commission approved the Spar Australia Limited – United Workers Union Collective Agreement 2025.
The final orders of the commission were that the Spar Australia Limited – United Workers Union Collective Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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