Application by Stilcon Holdings Pty Ltd
Citation: [2026] FWCA 2122
At a glance
- Awards cited
- MA000123
What happened
Stilcon Holdings Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, titled 'Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2026'. The initial notice provided to employees used a different title: ‘Stilcon Holdings Workshop Agreement 2023’. A concern arose regarding clause 8.1 which appeared less beneficial than the Manufacturing and Associated Industries and Occupations Award 2020.
What was decided
The Fair Work Commission approved the Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2026, effective from August 19, 2026, expiring June 30, 2029. The Commissioner acknowledged a minor discrepancy in the agreement title on the Notice of Employee Representational Rights but deemed it inconsequential. To address concerns about employee representation rights, Stilcon Holdings provided an undertaking to incorporate relevant clauses from the Manufacturing and Associated Industries and Occupations Award 2020 into the enterprise agreement.
What it means for employers
Employers seeking approval for enterprise agreements must ensure consistency between notices issued to employees and the final agreement document. They should also carefully review terms to ensure they are not less beneficial than relevant awards, and be prepared to provide undertakings to rectify any deficiencies.
What it means for employees
Employees should check that notices about proposed enterprise agreements accurately reflect the final agreement’s terms. If there are concerns about the agreement's impact on their entitlements, the Applicant can raise these during the approval process.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →