Stanwell Corporation Limited

[2025] FWCA 156

[2025] FWCA 156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stanwell Corporation Limited

(AG2024/4681)

STANWELL CORPORATE OFFICES ENTERPRISE AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT CROSS	SYDNEY, 16 JANUARY 2025

Application for approval of the Stanwell Corporate Offices Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Stanwell Corporate Offices 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 Stanwell Corporation Limited. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical Power Industry Award 2020 is taken to be a term of the Agreement.

1. I note that the Agreement contains an NES precedence clause at cl.1.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

1. The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union 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 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 28 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A