DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spicers Australia Pty Ltd T/A Spicers
(AG2016/5312)

SPICERS AUSTRALIAN PTY LTD (NEW SOUTH WALES) AND NUW ENTERPRISE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Spicers Australia Pty Ltd (New South Wales) and NUW Enterprise Agreement 2016.

[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 2016 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 14 October 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Spicers Australia Pty Ltd, trading as Spicers, and the Fair Work Commission. The dispute centred around the approval of a new enterprise agreement between Spicers and NUW, an entity representing the employees. The case was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and enforcing workplace laws in Australia.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained provisions that were contrary to public policy or in breach of any legislative requirements. Key points of contention included the classification of certain employees, the provision of shift allowances, and the potential impact on redundancy entitlements.

The Commission found that while the proposed agreement contained some provisions that did not strictly comply with the Act, these did not significantly detract from the overall fairness and balance of the agreement. The Commission held that the benefits to employees, such as increased wages and improved working conditions, outweighed the minor deficiencies. Consequently, the Commission approved the enterprise agreement subject to certain conditions designed to address the identified issues. These conditions required the parties to review and amend the agreement within a specified timeframe to ensure compliance with the Act.

The final orders included the approval of the enterprise agreement with the specified conditions, and a requirement for the parties to report back to the Commission on the implementation and any necessary amendments. This decision underscored the Commission's approach to balancing the interests of employers and employees while ensuring compliance with statutory obligations.

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