United Workers’ Union Summary

[2022] FWCA 3011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Workers’ Union

(AG2022/3490)

SPAR Australia Limited - United Workers Union Collective Agreement 2022

Storage services
COMMISSIONER SPENCER	BRISBANE, 31 AUGUST 2022

Application for approval of the SPAR Australia Limited - United Workers Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the SPAR Australia Limited - United Workers Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the United Workers’ Union (UWU/the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The UWU 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The United Workers’ Union applied for the approval of a collective agreement with SPAR Australia Limited. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The Union argued that the agreement appropriately addressed the needs of its members, while SPAR Australia Limited contended that certain provisions of the agreement were inconsistent with the Act.

The Commission considered whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, was free from coercion and undue influence, and did not discriminate against employees. The Union submitted that the agreement was a genuine attempt to address the needs of its members and to establish a framework for fair and equitable workplace relations. SPAR Australia Limited argued that certain provisions of the agreement, such as those relating to the classification of employees, were inconsistent with the Act and should not be approved.

After considering the submissions of both parties, the Commission found that the agreement was generally consistent with the requirements of the Act. However, the Commission made several modifications to the agreement to ensure that it complied with the Act. The Commission approved the agreement in its modified form, subject to certain conditions. The Union and SPAR Australia Limited were required to provide the Commission with regular reports on the implementation of the agreement and to cooperate in good faith to resolve any issues that arose.

The Commission's decision provides important guidance on the requirements for the approval of collective agreements under the Fair Work Act. The decision highlights the importance of ensuring that collective agreements are consistent with the principles of the Act and provides a framework for resolving disputes that may arise in relation to the implementation of such agreements. The Union and SPAR Australia Limited were directed to provide the Commission with regular reports on the implementation of the agreement and to cooperate in good faith to resolve any issues that arose. The Commission's decision ensures that the agreement provides for a fair and efficient workplace and protects the rights of employees and employers.

United Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established