DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spicers Australia Pty Ltd T/A Spicers
(AG2019/4127)

Storage services
COMMISSIONER SPENCER	BRISBANE, 11 NOVEMBER 2019

Application for approval of the SPICERS AUSTRALIA PTY LIMITED (QUEENSLAND) - AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Australia Pty Limited (Queensland) – Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The National Union of Workers (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the Union..

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 16 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Spicers Australia Pty Ltd, trading as Spicers, and the Fair Work Commission. The company sought approval for the Spicers Australia Pty Limited (Queensland) Agreement 2019. The primary dispute revolves around the terms and conditions of the agreement, specifically those affecting the classification and remuneration of employees.

The legal issues before the court centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Key points of contention included the classification of certain employees, the rates of pay, and the overall fairness of the agreement to the workforce. The court had to assess whether the agreement met the criteria for approval under the Act, including its alignment with the national minimum standards and the rights of employees.

The Fair Work Commission, in its decision, examined the evidence provided by both parties and considered the implications of the agreement on employee conditions. The Commission determined that the agreement generally met the statutory requirements and was fair and reasonable. The court found that the proposed classifications and pay rates were consistent with industry standards and did not undermine the rights of employees. As such, the application for approval was successful.

The court ordered that the Spicers Australia Pty Limited (Queensland) Agreement 2019 be approved in accordance with the terms set out in the agreement. This decision allows the agreement to be registered and enforced, ensuring that the terms and conditions of employment for the relevant employees are governed by the approved agreement.

Spicers Australia Pty Ltd T/A Spicers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established