Spirax Industries Pty Limited Summary

[2014] FWCA 5723

FAIR WORK COMMISSION

DECISION

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

Spirax Industries Pty Limited
(AG2014/1969)

SPIRAX INDUSTRIES PTY LIMITED ENTERPRISE AGREEMENT 2014 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2014

Application for approval of the Spirax Industries Pty Limited Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Spirax Industries Pty Limited Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spirax Industries Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 11 August 2014. On 14 August 2014 I received a signed undertaking in response to the queries from Ray Kelly, Logistics Manager at the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Spirax Industries Pty Limited sought approval for an enterprise agreement from the Fair Work Commission (FWC). The dispute involved the terms of the proposed agreement between the employer and its employees, which had been negotiated through the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and should be approved under the legislative framework.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees, taking into account the potential impact on employment conditions, and whether it complied with the 'better off overall test'. This test requires that the agreement must provide employees with a better overall package of wages and conditions than they would have under the applicable award or registered agreement.

The FWC found that the proposed agreement met the statutory requirements for approval. It was determined that the agreement provided employees with a better overall package of wages and conditions, thereby satisfying the better off overall test. Furthermore, the FWC considered that the agreement was in the best interests of the employees as it provided for fair and equitable terms that recognised the contributions of the workforce. The FWC noted the negotiated provisions for flexible working arrangements, which were deemed beneficial to employees.

The FWC approved the Spirax Industries Pty Limited Enterprise Agreement 2014 - 2016, recognising its compliance with the statutory criteria and its positive impact on the employees' conditions of employment. The approved agreement was to commence on the date of the decision and remain in effect until the end of the specified period, subject to the terms and conditions outlined within the agreement itself.

Spirax Industries Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established