Spicers Australia Pty Ltd trading as Spicers Summary

[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

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DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 AUGUST 2025

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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spicers Australia, trading as Spicers, sought approval of the Spicers Australia, trading as Direct Paper (Dingley) Enterprise Agreement 2025, from the Fair Work Commission. The application arose because of the need to address changes in the workplace environment, including the introduction of new technology and restructuring of roles, which required a new agreement to be established. The applicant argued that the proposed agreement was fair and reasonable, considering the changes and the need for flexibility and efficiency in the workplace.

The central legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively fair and reasonable. Procedural fairness required adherence to the processes outlined in the Fair Work Act 2009, including the need for genuine bargaining and adequate consultation. Substantive fairness involved evaluating the terms and conditions of the agreement to ensure they were fair and reasonable, taking into account the interests of both employers and employees, and the need for a productive and harmonious workplace.

The Commission found that the applicant had met the procedural requirements, having engaged in genuine bargaining and providing adequate information to the employees. Regarding substantive fairness, the Commission considered various factors, including the nature of the changes proposed, the benefits to the business, and the impact on employees. The Commission concluded that the proposed agreement was fair and reasonable, as it balanced the needs of the business with the interests of the employees, providing necessary flexibility while ensuring adequate protections. The Commission approved the application, recognising the need for the proposed changes to maintain competitiveness and efficiency in the workplace.

The Commission made an order approving the Spicers Australia, trading as Direct Paper (Dingley) Enterprise Agreement 2025, effective from the date specified in the agreement. The order also included provisions for the agreement to be registered with the Fair Work Commission, thereby making it legally binding on the parties. This decision underscores the importance of balancing the interests of employers and employees in the context of workplace changes, ensuring that both parties can adapt to new challenges while maintaining a fair and productive work environment.

Spicers Australia Pty Ltd trading as Spicers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established