[2018] FWCA 6153

The attached document replaces the document previously issued with the above code on 4 October 2018.

The decision has been amended to correct a typographical error in the title.

Member Assist

On behalf of Commissioner Gregory

Dated 5 October 2018

[2018] FWCA 6153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPE (Management) Pty Ltd
(AG2018/2228)

SPE (MANAGEMENT) PTY LTD ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2018

Application for approval of the SPE (MANAGEMENT) PTY LTD ENTERPRISE AGREEMENT 2017.

[1] An application has been made for approval of an enterprise agreement known as the SPE (MANAGEMENT) PTY LTD 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 SPE (Management) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 11 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPE (Management) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of an enterprise agreement, the SPE (Management) Pty Ltd Enterprise Agreement 2017. The applicant sought approval for the agreement, which was to cover employees of the company. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements and provisions of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the necessary standards for approval under the Fair Work Act, including whether it provided for the minimum terms and conditions of employment, and whether it was free from any unfair content. The court had to consider whether the agreement contained any provisions that would unduly disadvantage employees, and whether it complied with the procedural requirements for enterprise agreements.

The Fair Work Commission found that the agreement was largely compliant with the statutory requirements. The court noted that while some provisions were contentious, they did not fall outside the permissible scope for enterprise bargaining. The commission was satisfied that the agreement provided for the minimum terms and conditions of employment and did not include any unfair content. Consequently, the application for approval was successful, and the agreement was approved as meeting the necessary standards.

The final orders included the approval of the SPE (Management) Pty Ltd Enterprise Agreement 2017, with the agreement to be registered with the Fair Work Commission. The agreement was to be in effect from the date of the commission's approval and would govern the employment conditions of the relevant employees until it was superseded by a new agreement or terminated in accordance with the Fair Work Act.

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