DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectrum Brands Australia Pty Ltd
(AG2016/7118)

SPECTRUM BRANDS ENTERPRISE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2017

Application for approval of the Spectrum Brands Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Spectrum Brands Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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 1 February 2017. The nominal expiry date of the Agreement is 24 January 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Spectrum Brands Australia Pty Ltd was the subject of an application before the Fair Work Commission concerning the approval of the Spectrum Brands Enterprise Agreement 2016. The application arose as a result of negotiations between the company and the relevant unions, leading to the creation of a proposed agreement intended to govern the terms and conditions of employment for the workers involved. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement provided for the proper protection of employees' interests, including their wages, hours of work, and other conditions of employment. The Commission also had to determine whether the agreement complied with the requirements for direct industrial action provisions, as well as any other provisions of the Fair Work Act that might apply. Furthermore, the court had to consider the views of the parties involved and whether the agreement was made in good faith and without coercion.

In delivering its decision, the Fair Work Commission found that the Spectrum Brands Enterprise Agreement 2016 was fair and reasonable, and met the statutory requirements for approval. The Commission considered the evidence presented by both parties, including submissions on the agreement's provisions and the negotiation process. The Commission was satisfied that the agreement provided for the proper protection of employees' interests and that it had been made in good faith and without coercion. The court also found that the agreement complied with the requirements for direct industrial action provisions and any other relevant provisions of the Fair Work Act. As a result, the Commission approved the agreement, and it will now be binding on the parties involved.

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