DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPE (Management) Pty Ltd
(AG2014/10525)

SPE (MANAGEMENT) PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 12 JANUARY 2015

SPE (Management) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SPE (Management) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPE (Management) Pty Ltd.

[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.

[3] The Agreement was approved on 12 January 2015 and, in accordance with s.54, will operate from 19 January 2015. The nominal expiry date of the Agreement is 18 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SPE (Management) Pty Ltd was the applicant in a dispute before the Fair Work Commission, contesting an award issued by a delegate of the Fair Work Commission. The dispute centred around an enterprise agreement made between the applicant and its employees, the SPE (Management) Pty Ltd Enterprise Agreement 2015. The applicant sought to challenge the fairness of certain provisions in the agreement, arguing they were not genuinely agreed upon by the employees.

The primary legal issue before the Commission was whether the provisions in the enterprise agreement were genuinely agreed upon by the employees, as required by section 230 of the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement contained unfair provisions that could be disregarded under section 233 of the Act. The applicant argued that the employees did not genuinely agree to certain terms and conditions, and that these terms were unfair and should be disregarded.

In considering these issues, the Commission examined the process by which the agreement was reached, the conduct of the parties involved, and the terms of the agreement itself. The Commission found that the employees had genuinely agreed to the terms of the agreement, and that the provisions in question were not unfair. The Commission dismissed the applicant's application, finding that the agreement was valid and that the applicant's arguments did not warrant any changes to the agreement.

The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions. The Commission found that the employees had been adequately consulted and had genuinely agreed to the terms of the agreement. As a result, the applicant's application was dismissed, and the SPE (Management) Pty Ltd Enterprise Agreement 2015 remained in effect.

SPE (Management) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established