DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanley Black & Decker Pty Ltd
(AG2015/3418)

THE STANLEY BLACK & DECKER / NUW DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stanley Black & Decker 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] 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 was approved on 7 August 2015 and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Stanley Black & Decker Pty Ltd recently faced a dispute in the Fair Work Commission, involving the proposed approval of The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2014. The applicant, Stanley Black & Decker, sought to have the enterprise agreement approved, which aimed to regulate the terms and conditions of employment for workers in the distribution centre. The key legal issues revolved around whether the agreement complied with the Fair Work Act 2009 and if it was appropriately made under the provisions of the Act.

The court had to determine whether the agreement was a "genuine enterprise agreement" within the meaning of the Fair Work Act 2009. This required an assessment of whether the agreement was made by an appropriately constituted bargaining representative and whether it was made without any coercion or undue influence. Additionally, the court examined if the agreement met the minimum standards set out in the Act, including provisions for minimum wages, leave entitlements, and other conditions of employment. The court also needed to consider if the agreement was fair and reasonable in all its circumstances.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the agreement was genuinely made by the appropriate bargaining representatives of the employer and employees. The agreement was found to meet all the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission approved the enterprise agreement, emphasising its compliance with the Fair Work Act 2009 and the absence of any coercion or undue influence in its formation. The decision was made on the basis that the agreement adhered to all legislative requirements and was fair and reasonable in all its aspects.

The final orders of the Fair Work Commission were that The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the date of registration and would apply to the relevant employees in the distribution centre. This outcome confirmed the validity of the agreement and its ability to regulate the employment terms and conditions as intended.

Stanley Black & Decker 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