DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spicers Australia Pty Ltd T/A Spicers
(AG2019/2653)

SPICERS AUSTRALIA PTY LTD (NEW SOUTH WALES) AND NUW ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 AUGUST 2019

Application for approval of the Spicers Australia Pty Ltd (New South Wales) and NUW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Australia Pty Ltd (New South Wales) and NUW Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spicers Australia Pty Ltd, trading as Spicers, applied to the Fair Work Commission for the approval of the Spicers Australia Pty Ltd (New South Wales) and NUW Enterprise Agreement 2019. The applicants were represented by Ms. J. Johnson, and the respondents were represented by Mr. D. Smith. The dispute centred on the terms and conditions of employment for employees covered by the agreement, which was intended to replace an existing enterprise agreement that was expiring.

The central legal issues before the Commission were whether the proposed agreement contained all the required provisions, adhered to the Fair Work Act 2009, and was made in good faith. Specific concerns were raised regarding the clarity and fairness of certain clauses, particularly those concerning remuneration, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to determine whether the agreement was genuinely negotiated and if it complied with the statutory minimum standards.

The Commission examined the submissions and evidence provided by both parties, focusing on the negotiation process, the fairness of the agreement, and its compliance with statutory requirements. It found that the agreement was the product of genuine and meaningful negotiations and contained all necessary provisions. The Commission concluded that the agreement met the statutory requirements under the Fair Work Act 2009 and did not disadvantage employees. It was approved and registered, effective from the date of the decision.

The Commission ordered that the Spicers Australia Pty Ltd (New South Wales) and NUW Enterprise Agreement 2019 be approved and registered. The agreement would apply to all employees covered by it from the date of the decision. The decision was made to ensure that the terms and conditions of employment were fair, clear, and complied with all relevant statutory provisions.

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