Spicers Australia Pty Ltd trading as Spicers

[2025] FWCA 2491

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

(AG2025/2243)

SPICERS AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 JULY 2025

Application for approval of the Spicers Australia (NSW) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Spicers Australia (NSW) 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.

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. 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.

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.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Spicers Australia Pty Ltd, trading as Spicers, for the approval of the Spicers Australia (NSW) Enterprise Agreement 2025. The dispute centered on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement provided for minimum entitlements, was free from prohibited content, and was made in good faith. The applicant argued that the agreement was comprehensive and beneficial for both employees and the employer, while no party opposed the application.

The central legal issues before the Commission involved assessing whether the agreement complied with the statutory obligations set forth in the Fair Work Act. Specifically, the Commission needed to verify if the agreement satisfied the criteria for minimum entitlements, did not contain any prohibited content, and was genuinely negotiated in good faith. The applicant provided extensive evidence and arguments to substantiate its claims, while no objections were raised by any party involved in the process.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the Spicers Australia (NSW) Enterprise Agreement 2025 met all the legislative requirements. The Commission confirmed that the agreement provided for the minimum entitlements as stipulated by the Act, contained no prohibited content, and was made in good faith. The thorough documentation and lack of any objections further supported the conclusion that the agreement was compliant with the relevant laws. Therefore, the Commission approved the application for the agreement.

The final orders of the Commission were that the Spicers Australia (NSW) Enterprise Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission’s decision, ensuring that both the employer and employees were bound by its terms. The approval marked the successful conclusion of the application process, with the enterprise agreement now legally enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established