Spicers Australia Pty Ltd T/A Spicers

[2019] FWCA 1221

[2019] FWCA 1221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spicers Australia Pty Ltd T/A Spicers
(AG2018/7106)

SPICERS AUSTRALIA PTY LTD (DANDENONG SOUTH) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Spicers Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2018 (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 T/A Spicers. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clause 36 is inconsistent with the National Employment Standards as it provides that where an employee is absent from his or her employment on the working day before or after a holiday or a rostered day off without reasonable excuse or without the consent of the employer, he or she shall not be entitled to payment for such day. Given the National Employment Standards precedence Clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The National Union of Workers 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501975  PR705268>

Annexure A