Stairform Pty Ltd T/A Stairform Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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

CaseChat Overview and Summary

Stairform Pty Ltd, trading as Stairform Pty Ltd, applied to the Fair Work Commission for approval of the AMWU & Stairform Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026. The agreement sought to regulate the employment terms and conditions for employees within the metal and engineering construction industry under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and Stairform Pty Ltd sought the commission’s approval of the agreement, which was to be a registered agreement for the purposes of the Fair Work Act.

The primary legal issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it was a simple, low-risk, and not significantly prejudicial to employees. The commission needed to determine if the agreement provided fair and reasonable terms for employees and if it complied with the procedural requirements for approval. The application raised questions regarding the agreement’s provisions on wages, working hours, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was simple and low-risk, and did not significantly prejudice the employees. The commission noted that the agreement provided a comprehensive set of terms and conditions that were fair and reasonable, taking into account the specific needs of the industry and the parties involved. The commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act and granted the application. The commission’s decision was based on the detailed analysis of the agreement’s provisions and the submissions made by both the AMWU and Stairform Pty Ltd.

The Fair Work Commission approved the AMWU & Stairform Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026 as a registered agreement. The agreement was deemed to be effective from the date of the commission’s decision and would regulate the employment terms and conditions for employees within the specified industry until the end of the agreement period.

Stairform Pty Ltd T/A Stairform Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established