DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D and K Pty Ltd as trustee for the Spicer Family Trust T/A Recips
(AG2016/4932)

RECIPS ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Recips Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Recips Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D and K Pty Ltd as trustee for the Spicer Family Trust T/A Recips. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of D and K Pty Ltd as trustee for the Spicer Family Trust T/A Recips, the Fair Work Commission was tasked with approving the Recips Enterprise Agreement 2016 - 2020. The application arose from negotiations between the employer, Recips, and the relevant trade unions, which led to the proposed enterprise agreement. The unions, acting on behalf of the employees, sought the commission’s approval of the agreement, which outlined terms and conditions of employment for the workforce.

The legal issues central to the case revolved around whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Key considerations included the agreement's coverage of all relevant employees, the process by which it was negotiated, and whether it met the minimum standards prescribed by the Act. The unions argued that the agreement fairly reflected the outcomes of genuine bargaining and adhered to all legislative requirements. Recips, on the other hand, raised concerns about certain provisions, particularly those related to employee entitlements and working conditions.

Upon review, the commission determined that the agreement was substantively valid and met the statutory criteria for approval. The commission found that the negotiation process was conducted in good faith, and the terms of the agreement were fair and reasonable. The commission also noted that the agreement provided adequate protections for employees and complied with all mandatory minimum standards. Consequently, the commission approved the Recips Enterprise Agreement 2016 - 2020, ensuring it would govern the employment conditions for the specified period.

The final orders confirmed the approval of the agreement, which now serves as the binding enterprise agreement for the employees covered by the application. This decision ensures that both the employer and employees will operate under a legally recognised agreement that outlines their respective rights and obligations.

D and K Pty Ltd as trustee for the Spicer Family Trust T/A Recips

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established