United Workers Union

[2019] FWCA 7704

[2019] FWCA 7704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers Union
(AG2019/3230)

SPEAR & JACKSON (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS AGREEMENT 2019 - 2021

Storage services
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Spear & Jackson (Australia) Pty Ltd and National Union of Workers Agreement 2019 - 2021 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (“the Act”) by the United Workers Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is accordingly accepted and taken to be a term of the Agreement.

[3] I am otherwise satisfied that each of the requirements contained in ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] It is also noted that application was not lodged within 14 days after the Agreement was made, however, I am satisfied that this was simply due to an administrative oversight and in accordance with s.185(3)(b) I consider that it is fair and reasonable to extend the time for making application to the date on which the application was actually lodged.

[5] The United Workers Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A