Spantech Pty Ltd
[2025] FWCA 2600
•5 AUGUST 2025
| [2025] FWCA 2600 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Spantech Pty Ltd
(AG2025/2247)
SPANTECH PTY LTD ENTERPRISE AGREEMENT
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 5 AUGUST 2025 |
Application for approval of the Spantech Pty Ltd Enterprise Agreement
On 10 July 2025, Spantech Pty Ltd (Employer) made an application for approval of an enterprise agreement known as the Spantech Pty Ltd Enterprise Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Late Lodgement
Section 185(3) of the FW Act states that an application for approval of an enterprise agreement must be made ‘within 14 days after the agreement is made’, or if in all the circumstances the Commission considers it fair to extend that period - within such further period as the Commission allows.
The Form F17 Declaration accompanying the application stated that the Agreement was made on 24 June 2025. The application was therefore lodged 2 days outside of the 14-day period.
The Employer submitted the delay was attributable to periods of leave taken by relevant persons within its organisation.
Having regard to all of the circumstances, I consider it fair to exercise my discretion under s.185(3)(b) of the Act to extend the time for the application to be made until 10 July 2025. An order to that effect will be issued with this decision.
Section 190 Undertakings
The Employer 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.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 August 2025. The nominal expiry date of the Agreement is 5 August 2029.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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