| [2025] FWCA 3422 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Electus Distribution Pty Limited Trading AS Jaycar Electronics; Road Tech Marine (Rtm)
(AG2025/3330)
JAYCAR AND RTM ENTERPRISE AGREEMENT 2025
| Retail industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 13 OCTOBER 2025 |
Application for approval of the Jaycar and RTM Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Jaycar and RTM Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Electus Distribution Pty Limited. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 2.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the SDA.
The Agreement is approved and will operate from 20 October 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 20 October 2028.
COMMISSIONER
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- AGLC
- Electus Distribution Pty Limited Trading AS Jaycar Electronics; Road Tech Marine (Rtm) [2025] FWCA 3422
- Case
- [2025] FWCA 3422
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, and whether it complied with the statutory requirements under the Fair Work Act. The Commission had to consider whether the agreement provided for a minimum rate of pay and leave entitlements that were no less favourable than the relevant award or registered agreement, and whether it included appropriate mechanisms for resolving disputes and protecting employees' rights.
The Commission found that the Jaycar and RTM Enterprise Agreement 2025 provided for the terms and conditions of employment in a fair and reasonable manner, and complied with the statutory requirements under the Fair Work Act. The agreement included provisions for minimum rates of pay and leave entitlements that were at least as favourable as the relevant award or registered agreement. The Commission also noted that the agreement contained provisions for resolving disputes and protecting employees' rights, which were considered appropriate. Based on these findings, the Commission approved the Jaycar and RTM Enterprise Agreement 2025, effective from 1 April 2025.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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