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

[2024] FWCA 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/1362)

APPLICATION FOR APPROVAL OF THE RECIPS ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 6 MAY 2024

Application for approval of the Recips Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Recips Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D & K Pty Ltd as trustee for the Spicer Family Trust T/A Recips. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 7.1.7 - Annual Leave.

However, noting clause 5.15.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2024. The nominal expiry date of the Agreement is 6 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, D & K Pty Ltd as trustee for the Spicer Family Trust trading as Recips, applied for the approval of the Recips Enterprise Agreement 2023-2027. The dispute centres around the proposed agreement's terms and conditions, which were negotiated between the applicant and the relevant union. The applicant sought the commission's approval for these terms to ensure they comply with the relevant legislative framework.

The primary legal issues before the commission were whether the terms of the proposed agreement complied with the Fair Work Act 2009, specifically focusing on the aspects of procedural fairness, good faith bargaining, and the terms' reasonableness. The commission needed to assess if the agreement was made in good faith and whether it met the requirements for procedural fairness. Additionally, the reasonableness of the agreement's terms, including pay rates, working conditions, and other employment-related provisions, was examined.

The commission, after thorough consideration, found that the agreement was made in good faith and adhered to the principles of procedural fairness. The terms of the agreement were deemed reasonable, considering the economic context and the needs of both the employees and the employer. The commission concluded that the proposed agreement met the statutory requirements and approved it accordingly. This decision ensures that the Recips Enterprise Agreement 2023-2027 is now in effect, governing the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established