DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specsavers Pty Ltd T/A Specsavers
(AG2014/11054)

SPECSAVERS MGS & WAREHOUSING ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 JANUARY 2015

Application for approval of the Specsavers MGS & Warehousing Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Specsavers MGS & Warehousing Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Specsavers Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Specsavers Pty Ltd, trading as Specsavers, applied to the Fair Work Commission for approval of the Specsavers MGS & Warehousing Enterprise Agreement. The dispute centred around the terms and conditions of employment for the warehouse employees under the proposed agreement, which the company sought to implement. The Fair Work Commission was tasked with examining whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The primary legal issues that the Commission needed to decide involved whether the agreement was genuinely an enterprise agreement, whether it complied with the procedural and substantive requirements under the Act, and if it provided adequate protections for employees.

The Fair Work Commission examined whether the agreement had been genuinely negotiated between the employer and the employees, considering the process followed and the evidence presented. The Commission also assessed whether the agreement met the procedural requirements, including the provision of necessary information and the opportunity for employees to discuss the agreement. Furthermore, the Commission evaluated the substantive fairness of the agreement, focusing on the balance of rights and obligations, and whether it provided adequate protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission found that the agreement had been genuinely negotiated, complied with the procedural requirements, and provided fair and reasonable terms and conditions for the employees.

Consequently, the Fair Work Commission approved the Specsavers MGS & Warehousing Enterprise Agreement, finding it to be a genuine enterprise agreement that met the statutory requirements. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the procedural and substantive requirements under the Fair Work Act 2009. The Commission's decision was based on the evidence presented and the assessment of the agreement's provisions. The final orders included the approval of the agreement, which would now govern the terms and conditions of employment for the warehouse employees at Specsavers.

Specsavers Pty Ltd T/A Specsavers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established