Spectrum Brands Australia Pty Ltd
[2025] FWCA 710
•26 FEBRUARY 2025
| [2025] FWCA 710 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Spectrum Brands Australia Pty Ltd
(AG2025/395)
SPECTRUM BRANDS ENTERPRISE AGREEMENT 2025
| Retail industry | |
| COMMISSIONER REDFORD | MELBOURNE, 26 FEBRUARY 2025 |
Application for approval of the Spectrum Brands Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Spectrum Brands Enterprise 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 Spectrum Brands Australia Pty Ltd (Spectrum). The Agreement is a single enterprise agreement.
Undertakings
In response to several issues raised with Spectrum in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement.
The undertakings relate to:
a.Overtime for Part Time Employees
b.Overtime on Saturdays
c.Overtime on Sundays
Interaction with the National Employment Standards
Clause 7.1 of the Agreement provides that if a term of the agreement is detrimental to an employee when compared with the National Employment Standards (NES) the NES will prevail (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
a.Clauses 22.5, 24.6 and 25.2 of the agreement each purport to confer on the employer a right to make deductions from or not pay employee entitlements in certain circumstances. Clause 22.5 relates to circumstances where an employee takes annual leave in advance, and the employment ends before the entitlement is accrued. Clause 24.6 deals with dismissal for serious misconduct. Clause 25.2 deals with circumstances in which an employee resigns their employment without providing requisite notice. As a result of the NES precedence clause, each of these provisions must be read subject to the operation of the NES, which provides for the payment of employee entitlements on termination. Even if the Agreement appears to confer a right upon the employer to make deductions, if the NES provides for the payment to an employee of entitlements in particular circumstances, the entitlement will prevail by operation of clause 7.1 of the Agreement.
Consideration
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE528151 PR784708>
ANNEXURE A
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