| [2025] FWCA 3217 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Signcraft Pty Ltd Trading AS Signcraft
(AG2025/3062)
SIGNCRAFT ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER TRAN | MELBOURNE, 23 SEPTEMBER 2025 |
Application for approval of the Signcraft Enterprise Agreement 2025
Signcraft Pty Ltd (ABN: 79 006 420 515) has applied for approval of an enterprise agreement known as the Signcraft Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
The Agreement is a single enterprise agreement.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 25 – Compassionate leave
· Clause 31.7 – Public holidays
· Clause 41.3 – Redundancy
Clause 2.2 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Employer has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of sections 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 September 2025.
In accordance with clause 3.2, the nominal expiry date of the Agreement is 30 September 2028.
COMMISSIONER
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<AE530552 PR792007>
ANNEXURE A
- AGLC
- Signcraft Pty Ltd Trading AS Signcraft [2025] FWCA 3217
- Case
- [2025] FWCA 3217
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the "better off overall test" (BOOT) and if it contained all the mandatory terms prescribed by the Act. The court also needed to consider whether the agreement had been made in good faith and whether the requisite procedural fairness was observed in the agreement-making process.
In its decision, the court examined the evidence and submissions provided by both parties. It found that the agreement was fair and reasonable, meeting the BOOT as it provided employees with a better overall package of wages and conditions than they would have under the applicable award. The court also determined that the agreement contained all the mandatory terms required by the Act and was made in good faith. The procedural fairness was upheld as the applicant had followed the necessary procedures in making the agreement. Consequently, the court approved the Signcraft Enterprise Agreement 2025 as a registered enterprise agreement.
The court's final order was the approval of the Signcraft Enterprise Agreement 2025 as a registered enterprise agreement under section 232 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it would govern the employment terms and conditions for employees within the sign-making industry as stipulated in the approved agreement. The approval was effective from the date of registration, ensuring that the agreement would be legally binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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