Stegbar Pty Ltd Trading AS Stegbar

[2025] FWCA 1779

[2025] FWCA 1779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stegbar Pty Ltd Trading AS Stegbar

(AG2025/1454)

STEGBAR PTY LTD (ROWVILLE WINDOWS ASSEMBLY PLANT) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 27 MAY 2025

Application for approval of the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. I note that the following provisions are likely to be inconsistent with the National Employment Standards:

   ·   Clause 14.81 – Personal leave

   ·   Clause 6.2.1 – Notice of termination

1. However, noting clause 1.3.2 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Construction, Forestry and Maritime Employees Union and the Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 27 May 2025. It will operate from 3 June 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2027.

COMMISSIONER

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