SPS Corporation Pty Ltd T/A SPS Corporation

[2024] FWCA 2870

[2024] FWCA 2870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SPS Corporation Pty Ltd T/A SPS Corporation

(AG2024/2553)

SPS CORPORATION ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER PERICA	MELBOURNE, 5 AUGUST 2024

Application for approval of the SPS Corporation Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the SPS Corporation Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. I note that the following provisions are likely to be inconsistent with the National Employment Standards:

   ·   Clause 14 – Abandonment of employment

   ·   Clauses 17 and 40.3 – Ordinary hours of work

1. However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. Pursuant to clause 9 of the Agreement, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved today 5 August 2024. It will operate from 12 August 2024 as required by section 54 of the Act. The nominal expiry date is 5 August 2028.

COMMISSIONER

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Annexure A