State Trustees Ltd Summary

[2025] FWCA 2581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

State Trustees Ltd

(AG2025/2207)

STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2025

State and Territory government administration
COMMISSIONER CONNOLLY	MELBOURNE, 4 AUGUST 2025

Application for approval of the State Trustees Limited Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the State Trustees Limited Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by State Trustees Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 July 2025.

On 25 July 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 30 July 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representatives, and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

The “CPSU, the Community and Public Sector 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2029.

COMMISSIONER

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CaseChat Overview and Summary

In this case, State Trustees Limited sought approval of their Enterprise Agreement 2025 from the Fair Work Commission. The agreement in question relates to the terms and conditions of employment for the company's employees. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, facilitated genuine collective bargaining, and was certified as a simple or certified agreement.

The primary legal issue before the Commission was whether the Enterprise Agreement provided for a safety net of minimum wages and conditions. This involved a detailed examination of the proposed pay rates, leave entitlements, and other conditions to ensure they met or exceeded the minimum standards set by the relevant modern awards. Additionally, the Commission needed to consider whether the agreement genuinely reflected the outcome of collective bargaining between the employer and employees, and whether it was certified as a simple or certified agreement, as required by law.

The Fair Work Commission found that the Enterprise Agreement provided for a safety net of minimum wages and conditions, and that the proposed terms met or exceeded the minimum standards set by the relevant modern awards. The Commission was satisfied that the agreement had been the outcome of genuine collective bargaining, as evidenced by the process and documentation provided. The agreement was also certified as a simple agreement, fulfilling the legal requirements. Therefore, the Commission approved the Enterprise Agreement 2025, recognising it as a fair and reasonable document for the employees of State Trustees Limited.

No further orders were made by the Commission. The approval of the Enterprise Agreement 2025 by the Fair Work Commission is now effective, providing a legally binding framework for the employment terms and conditions of State Trustees Limited's employees.

State Trustees Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established