Spectrum Brands Australia Pty Ltd

[2021] FWCA 1

[2021] FWCA 1

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectrum Brands Australia Pty Ltd
(AG2020/3673)

SPECTRUM BRANDS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Spectrum Brands Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Spectrum Brands Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Spectrum Brands Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.1 of the Agreement I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 24.2 of the Agreement, which provides that an employee may be required to work on a public holiday, as the Employer requires; and

•  Clause 27.2 of the Agreement, which provides that an employee deemed to have abandoned their employment will not be paid notice.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 12 February 2021. The nominal expiry date of the Agreement is 5 February 2025.

DEPUTY PRESIDENT

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Annexure A