Spicers Australia Pty Ltd trading as Spicers

[2025] FWCA 2558

[2025] FWCA 2558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Spicers Australia Pty Ltd trading as Spicers

(AG2025/2244)

SPICERS AUSTRALIA, TRADING AS DIRECT PAPER (DINGLEY) ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 AUGUST 2025

Application for approval of the Spicers Australia, trading as Direct Paper (Dingley) Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Spicers Australia, trading as Direct Paper (Dingley) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spicers Australia Pty Ltd trading as Spicers (the Applicant). The Agreement is a single enterprise agreement.

1. I note from the material filed in support of the application that the employees had access to the proposed agreement on 23 June 2025 and that the vote commenced on 30 June 2025 which is less than 7 full calendar days referred to in s.6 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles). However, having regard to the further submissions made by the Applicant I am satisfied that the Applicant provided the employees with a reasonable opportunity to consider the proposed agreement before voting on it, so that the employees could vote in an informed manner.

1. I also note that employees were informed of the voting process on 23 June 2025 which is less than the 7 full calendar days referred to in s.16 of the Statement of Principles. The Applicant has made further submissions in relation to this issue and I have taken into account those submissions and the requirements of the Statement of Principles. In the circumstances I am satisfied that the Agreement has been genuinely agreed to by the employees in accordance with s.188 of the Act.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

1. Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

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Annexure A