Stilcon Site Services Pty Ltd

[2025] FWCA 139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stilcon Site Services Pty Ltd

(AG2024/5188)

AMWU AND STILCON SITE SERVICES PTY LTD METAL & ENGINEERING ON SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 24 JANUARY 2025

Application for approval of the AMWU and Stilcon Site Services Pty Ltd Metal & Engineering On Site Construction Agreement2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU and Stilcon Site Services Pty Ltd Metal & Engineering On Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stilcon Site Services Pty Ltd (Stilcon). The Agreement is a single enterprise agreement.

Lodgement of the application.

Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 3 December 2024 and the application lodged on 20 December 2024, 17 days after the Agreement was made and is therefore 3 days late. I have considered the explanation provided by Stilcon for the late lodgement and am satisfied in all the circumstances that it is fair to extend the period to the date on which the application was lodged.

Whether the employees who voted on the Agreement are sufficiently representative.

In response to correspondence from my chambers, Stilcon provided further submissions as to how the employees requested to approve the agreement had a sufficient interest in the terms of the agreement, and are sufficiently representative, having regard to the employees the agreement is expressed to cover. The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) who were a bargaining representative for the Agreement, supported these submissions. In these circumstances, I am satisfied that the requirements of s 188(2) of the Act are met, and the employees who voted on the Agreement are sufficiently representative (also taking into account item 17 of the Statement of Principles on Genuine Agreement).

Undertakings

In response to issues raised with Stilcon in relation to its application, it has provided written undertakings, a copy of which are 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.

The undertakings relate to:

Employment of trainees

Consideration

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.

The AMWU, 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, Stilcon Site Services Pty Ltd applied for the approval of the Metal & Engineering On Site Construction Agreement 2023 - 2026, which was negotiated with the Australian Manufacturing Workers' Union (AMWU). The application was made under the Fair Work Act 2009, which mandates that such agreements must be approved by the Commission if they are to be registered as enterprise agreements. The AMWU, representing the employees, supported the application, while Stilcon Site Services Pty Ltd argued that the agreement was fair and reasonable for both parties.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions concerning the terms and conditions of employment, including minimum standards, and whether the agreement was made in good faith and without coercion. The Commission also considered whether the agreement was likely to facilitate improved productivity and harmonious workplace relations.

After reviewing the submissions from both parties and examining the content of the agreement, the Commission found that the proposed agreement was compliant with the Fair Work Act 2009. The agreement was deemed to be made in good faith, without coercion, and included all the prescribed minimum terms and conditions. The Commission concluded that the agreement would facilitate improved productivity and harmonious workplace relations. Accordingly, the Commission approved the Metal & Engineering On Site Construction Agreement 2023 - 2026 as a registered enterprise agreement.

The final orders of the Commission were that the Metal & Engineering On Site Construction Agreement 2023 - 2026 be approved and registered as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Stilcon Site Services Pty Ltd covered by the agreement.

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Background to the litigation

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Reasons for decision

Legal Principle Established