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

[2024] FWCA 1656

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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<AE524522  PR774527>

Annexure A