Stegbar Pty Ltd Trading AS Stegbar Summary

[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

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.

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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stegbar Pty Ltd Trading AS Stegbar sought approval for an enterprise agreement which would apply to their employees in the Rowville Windows Assembly Plant. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the statutory conditions for approval, including whether it provided for a fair and efficient system of determining wages and other conditions of employment.

The Fair Work Commission examined the application in detail, considering the submissions from both parties. The Commission evaluated whether the agreement appropriately balanced the interests of the employer and employees, and whether it provided for a fair and efficient method for resolving disputes. The Commission also assessed whether the agreement included provisions that aligned with the objectives of the Fair Work Act, such as promoting higher wages and better working conditions. After thorough consideration, the Commission determined that the proposed agreement did meet the statutory requirements for approval.

In its decision, the Fair Work Commission approved the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2025, finding it to be fair and efficient. The Commission concluded that the agreement appropriately balanced the interests of both parties and provided for an effective dispute resolution process. The Commission's decision was based on its assessment of the agreement's compliance with the Fair Work Act and its alignment with the objectives of promoting better wages and working conditions.

Stegbar Pty Ltd Trading AS Stegbar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established