Sturdie Trade Service Pty Ltd Summary

[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

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.

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.

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

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.

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.

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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CaseChat Overview and Summary

Sturdie Trade Service Pty Ltd, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU), sought approval for their enterprise agreement from the Fair Work Commission. The agreement, titled the Sturdie Trade Services Pty Ltd & CEPU South Australian Enterprise Agreement 2025 - 2026, aimed to set out the terms and conditions of employment for the employees of Sturdie Trade Service Pty Ltd. The dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of its fairness and the proper consultation process.

The legal issues before the commission were whether the agreement had been appropriately negotiated in good faith and whether it satisfied the requirements of the Fair Work Act. This included determining whether the agreement had been certified as a genuine agreement, as mandated by the Act, and whether it met the criteria for being a simple, fair, and portable agreement. The commission also needed to consider the adequacy of the consultation process between the employer and the union, ensuring that the employees had been properly consulted in the negotiation of the agreement.

In reaching its decision, the commission carefully examined the negotiation process and the content of the agreement. The commission found that the agreement had been negotiated in good faith and that the parties had engaged in a sufficient consultation process. The agreement was also found to be simple, fair, and portable, meeting the criteria set out in the Fair Work Act. The commission was satisfied that the agreement did not disadvantage any employee and that it contained terms and conditions that were reasonable and fair. Consequently, the commission approved the agreement, finding it to be compliant with the requirements of the Act.

The final orders of the commission were that the Sturdie Trade Services Pty Ltd & CEPU South Australian Enterprise Agreement 2025 - 2026 be approved and registered under the Fair Work Act. This decision ensures that the agreement will govern the employment terms and conditions for the employees of Sturdie Trade Service Pty Ltd for the specified period.

Sturdie Trade Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established