| [2024] FWCA 1895 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Stegbar Pty Ltd T/A Stegbar Pty Ltd
(AG2024/1587)
STEGBAR PTY LTD (WINDOWS QLD) ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER DURHAM | BRISBANE, 23 MAY 2024 |
Application for approval of the Stegbar Pty Ltd (Windows Qld) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Windows Qld) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stegbar Pty Ltd T/A Stegbar Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Noting clause 8.4.4 of the Agreement relating to “Personal/Carer’s Leave – Notification on Absence”, it was brought to the attention of the parties that this clause appears to be inconsistent with s.107 of the Act. However, noting clause 4.1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 March 2027.
COMMISSIONER
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- AGLC
- Stegbar Pty Ltd T/A Stegbar Pty Ltd [2024] FWCA 1895
- Case
- [2024] FWCA 1895
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the formal and substantive requirements for approval. The Commission considered whether the agreement had been made in accordance with the procedural fairness principles and whether it contained all the prescribed terms. The Commission also needed to determine if the agreement was in the best interests of the employees it covered, and whether it complied with the provisions of the Fair Work Act that promote harmonious, productive and cooperative workplace relations.
The Commission found that the agreement had been made in accordance with the procedural fairness principles, as the employer had provided the union with relevant information and had engaged in genuine bargaining. The Commission noted that the agreement contained all the prescribed terms and that it provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement was in the best interests of the employees it covered, as it provided for a fair and equitable resolution of workplace issues. The Commission approved the Stegbar Pty Ltd (Windows Qld) Enterprise Agreement 2024, subject to certain modifications to address the union's concerns.
The Fair Work Commission approved the Stegbar Pty Ltd (Windows Qld) Enterprise Agreement 2024, subject to certain modifications. The modifications included changes to the provisions relating to shift patterns, overtime, and penalty rates. The Commission noted that the modifications were necessary to ensure that the agreement met the requirements for approval under the Fair Work Act. The Commission also noted that the modifications did not significantly alter the overall terms and conditions of employment provided for in the agreement. The Commission approved the modified agreement, which will now be registered and binding on the parties.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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