DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spry & Spry Pty Ltd
(AG2015/7496)

SPRY & SPRY PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 30 DECEMBER 2015

Application for approval of the Spry & Spry Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Spry & Spry Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spry & Spry Pty Ltd. 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] In accordance with the terms of Clause 11 of the Agreement, which incorporates the model flexibility term, the model term is taken to be a term of the agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2016. The nominal expiry date of the Agreement is 29 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Spry & Spry Pty Ltd was brought before Commissioner Smith. The applicant, Spry & Spry Pty Ltd, sought approval of the Spry & Spry Pty Ltd Enterprise Agreement 2015. The application arose out of negotiations between the applicant and the union representing the employees, which had resulted in an enterprise agreement that required Fair Work Commission approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement met all the necessary criteria for approval, including that it provided for fair and reasonable terms and conditions for employees and did not unfairly discriminate against any particular group of employees. The union, on the other hand, raised concerns that the agreement did not adequately protect employees' rights and entitlements.

After considering the evidence and submissions from both parties, the Commission determined that the proposed agreement did comply with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and did not unfairly discriminate against any particular group of employees. The Commission also noted that the agreement contained provisions for dispute resolution and that the applicant had demonstrated a willingness to engage in good faith negotiations with the union.

Accordingly, the Commission approved the Spry & Spry Pty Ltd Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of specific provisions relating to the payment of overtime and the protection of employees' personal leave entitlements. The applicant was directed to implement the modified agreement and provide a copy to the union and the Fair Work Commission.

Spry & Spry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established