Sturdie Trade Service Pty Ltd

[2025] FWCA 1811

[2025] FWCA 1811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sturdie Trade Service Pty Ltd

(AG2025/1328)

STURDIE TRADE SERVICES PTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2025 - 2026

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 29 MAY 2025

Application for approval of the Sturdie Trade Services Pty Ltd & CEPU South Australian Enterprise Agreement 2025 - 2026

1. An application has been made for approval of an enterprise agreement known as the Sturdie Trade Services Pty Ltd & CEPU South Australian Enterprise Agreement 2025 - 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sturdie Trade Service Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval contained a numbering error. An amended version of the Agreement was later provided to the Commission that resolved the numbering error. The Applicant requested that I allow the amendment. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Clause 20.2 concerning the entitlement to compassionate leave may be inconsistent with the National Employment Standards in that it does not reference an entitlement to compassionate leave in the event of stillbirth or miscarriage in accordance with section 104(1)(b) and (c) of the Act. Noting clause 9 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.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 5 June 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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