DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spicers Australia Pty Ltd
(AG2021/4644)

SPICERS AUSTRALIA PTY LTD, TRADING AS DIRECT PAPER (DINGLEY) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2021

Application for approval of the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spicers Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 38.1(a) and 40 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.5 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.

[4] The Agreement was approved on 23 April 2021 and, in accordance with s.54, will operate from 30 April 2021. The nominal expiry date of the Agreement is 1 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spicers Australia Pty Ltd, trading as Direct Paper (Dingley), applied to the Fair Work Commission for approval of the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021. The application was contested by the Australian Manufacturing Workers' Union. The Fair Work Commission was required to determine whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement had been made in accordance with the procedural requirements of the Act. Specifically, the Commission had to consider whether the agreement had been made without coercion and whether it contained all the prescribed minimum terms and conditions. Additionally, the Commission needed to ensure that the agreement facilitated a productive workplace relationship between employers and employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been made without coercion. The agreement contained all the prescribed minimum terms and conditions and was considered to facilitate a productive workplace relationship. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable balance between the interests of the employer and the employees. The Commission approved the agreement, noting that it met the legal requirements for approval under the Act.

The final order of the Commission was that the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the Commission's decision.

Spicers 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