Darling Family Trust Summary

[2016] FWCA 807

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Darling Family Trust T/A SPD Electrics Pty Ltd

(AG2016/2250)

SPD ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry

COMMISSIONER ROE

MELBOURNE, 8 FEBRUARY 2016

Application for approval of the SPD Electrics Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

SPD Electrics Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darling

Family Trust T/A SPD Electrics Pty Ltd. 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 8 February 2016 and, in accordance with s.54, will

operate from 15 February 2016. The nominal expiry date of the Agreement is 8 February

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Darling Family Trust T/A SPD Electrics Pty Ltd involved an application for approval of the SPD Electrics Pty Ltd Enterprise Agreement 2015-2018. The applicant, Darling Family Trust trading as SPD Electrics Pty Ltd, sought approval of the agreement under section 185 of the Fair Work Act 2009. The enterprise agreement in question was a single enterprise agreement intended to govern the employment terms and conditions for a specified period.

The central legal issue before the Commissioner was whether the application for approval of the enterprise agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. Specifically, the Commissioner needed to determine whether the agreement fairly represented the interests of the employees covered by it, and whether the application process adhered to the statutory provisions. Despite the agreement not covering all employees of the employer, the Commissioner found that the group of employees included in the agreement was fairly chosen, taking into account the relevant factors.

After evaluating the application, the Commissioner determined that all relevant requirements for approval had been satisfied. Consequently, the SPD Electrics Pty Ltd Enterprise Agreement 2015-2018 was approved on 8 February 2016, in accordance with section 54 of the Act. The agreement was set to operate from 15 February 2016, with a nominal expiry date of 8 February 2019. This decision ensured that the agreement would provide a legal framework for the employment relationship between the employer and the employees for the specified period.

Darling Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established