DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectrum Brands Australia Pty Ltd
(AG2020/3673)

SPECTRUM BRANDS ENTERPRISE AGREEMENT 2020

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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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spectrum Brands Australia Pty Ltd applied to the Fair Work Commission for approval of the Spectrum Brands Enterprise Agreement 2020. The respondent, who was not a party to the agreement, contested the application on the grounds that it did not comply with the Fair Work Act 2009. The application arose from a dispute between the employer and its employees, seeking to regulate their terms and conditions of employment under a new enterprise agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement was made in good faith and whether it contained the necessary minimum terms as prescribed by the Act. The respondent argued that the agreement did not comply with the Act, primarily due to alleged procedural flaws in the negotiation and execution of the agreement.

The Commission found that the agreement was indeed made in good faith and that it contained all the required minimum terms. The evidence presented indicated that the negotiation process was fair and transparent, and that the agreement was properly executed. The Commission rejected the respondent's contentions regarding procedural flaws, determining that they did not materially affect the validity of the agreement. Consequently, the application for approval was granted.

The Commission ordered that the Spectrum Brands Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act. This decision confirmed the validity of the agreement and its applicability as the governing document for the terms and conditions of employment between the employer and the employees.

Spectrum Brands Australia 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