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

Annexure A

CaseChat Overview and Summary

Spicers Australia Pty Ltd, trading as Spicers, brought an application before the Fair Work Commission for the approval of the Spicers Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2018. The agreement in question, which was entered into between Spicers and the National Union of Workers, sought to set the terms and conditions of employment for certain employees of Spicers. The union argued for the approval of the agreement, asserting that it fairly reflected the balance of power between the employer and the employees and was consistent with the relevant legislative framework.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it met the criteria for being a "better off overall test" agreement. Additionally, the Commission had to determine whether the agreement contained appropriate provisions for minimum entitlements, including minimum rates of pay and leave entitlements.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. It found that the agreement was a genuine enterprise agreement that had been made in good faith and met the better off overall test. The Commission also concluded that the agreement contained appropriate provisions for minimum entitlements. Consequently, the Commission approved the Spicers Australia Pty Ltd (Dandenong South) & National Union of Workers Enterprise Agreement 2018. This decision was made in the belief that the agreement would foster a fair and productive workplace environment that balanced the interests of both the employer and the employees.

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