Spantech Pty Ltd

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spantech Pty Ltd was the subject of an application for approval of an enterprise agreement by the Fair Work Commission. The dispute involved the company and its employees represented by the Electrical Trades Union of Australia. The company argued that the agreement was not in the best interests of the employees, citing concerns about its complexity and potential for confusion among the workforce. The union defended the agreement, asserting that it was fair and balanced and reflected the interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it was free from any element of coercion or undue influence. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, including matters such as wages, hours of work, and other employment conditions.

In its decision, the Fair Work Commission found that the agreement did not adequately address several key areas that were critical to the employees' interests. The Commission highlighted that the agreement lacked clarity in certain provisions, which could lead to misunderstandings and potential disputes in the future. Furthermore, the Commission noted that the agreement did not sufficiently cover all the required terms and conditions, particularly those related to overtime and shift penalties. Given these shortcomings, the Commission concluded that the agreement did not meet the statutory criteria for approval and rejected the application. Consequently, the enterprise agreement was not approved, and the employees remained governed by the applicable awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established