Stairform Pty Ltd T/A Stairform Pty Ltd

[2025] FWCA 13

[2025] FWCA 13

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stairform Pty Ltd T/A Stairform Pty Ltd

(AG2024/4266)

AMWU & STAIRFORM PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 – 2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 2 JANUARY 2025

Application for approval of the AMWU & Stairform Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & Stairform Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stairform Pty Ltd T/A Stairform Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR was provided in the pre-6 June 2023 format. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 9 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527478 PR782935>