Application by Shadbolt Group Pty Ltd
What happened
Shadbolt Group Pty Ltd applied to vary its Workshop Enterprise Agreement 2023 - 2027 under section 210 of the Fair Work Act 2009. The Commissioner raised concerns with the Applicant under section 211 of the Act, sending correspondence on 21 January 2026 and 27 March 2026. Shadbolt Group Pty Ltd did not respond to these communications. The application was lodged on 24 October 2025.
What was decided
The Fair Work Commission dismissed Shadbolt Group Pty Ltd’s application for variation of the enterprise agreement. The Commissioner found the Applicant had not prosecuted their case and failed to respond to correspondence. The decision was made under section 587(3)(a) of the Fair Work Act 2009, for want of prosecution. The Commission noted its discretion to dismiss applications should be exercised with caution.
What it means for employers
Employers must actively engage with the Fair Work Commission when seeking variations to enterprise agreements. Failure to respond to correspondence and address concerns raised by the Commission can lead to the dismissal of the application.
What it means for employees
This decision highlights the importance of employers fulfilling their obligations when seeking to change enterprise agreements. Employees should be aware of their rights and ensure any proposed changes are properly considered and communicated.
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