DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanley Black & Decker Pty Ltd T/A Stanley Black & Decker
(AG2017/3525)

THE STANLEY BLACK & DECKER / NUW DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 16 OCTOBER 2017

Application for approval of The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2017 (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 T/A Stanley Black & Decker. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Stanley Black & Decker Pty Ltd, trading as Stanley Black & Decker, for approval of the Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2017. This agreement was proposed to govern the employment conditions of certain employees at the company’s distribution centre. The application was brought before the Fair Work Commission, specifically a panel led by Deputy President A J Kearney, to determine if the agreement should be registered under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement met the requirements for registration under the Fair Work Act, particularly whether it provided for the "better off overall test" (BOOT). This test requires that employees be no worse off financially and have at least one additional benefit compared to the existing award or agreement. Additionally, the court needed to assess if the agreement complied with procedural fairness and if it was genuinely negotiated between the parties.

In delivering the decision, the panel emphasised the importance of the BOOT and the procedural fairness in the negotiation of the agreement. The court found that the agreement did indeed meet the BOOT, as employees were provided with additional benefits such as enhanced leave provisions and improved shift penalties, which outweighed any financial detriments. Furthermore, the panel was satisfied that the agreement had been genuinely negotiated and that all procedural requirements were met. Consequently, the court approved the application for registration of the enterprise agreement.

The final orders included the registration of the Stanley Black & Decker / NUW Distribution Centre Enterprise Agreement 2017, effective from the date of the decision, subject to the terms and conditions outlined in the agreement. The court’s decision affirmed the validity of the agreement and its compliance with the legislative requirements under the Fair Work Act.

Stanley Black & Decker Pty Ltd T/A Stanley Black & Decker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established