Stellar Labour Solutions Pty Ltd Trading AS Stellar Labour Solutions

STELLAR LABOUR SOLUTIONS PTY LTD & THE AUSTRALIAN WORKERS' UNION MAJOR PROJECTS AGREEMENT 2025

Application for approval of the STELLAR LABOUR SOLUTIONS PTY LTD & The Australian Workers' Union Major Projects Agreement 2025

[1] An application has been made for approval of a greenfields agreement known as the STELLAR LABOUR SOLUTIONS PTY LTD & The Australian Workers' Union Major Projects Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stellar Labour Solutions Pty Ltd and the Australian Workers' Union (AWU).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2026. The nominal expiry date of the Agreement is 28 February 2029.

[6] The Agreement as originally voted on contained a delegates' rights term at clause 14 and a clause entitling the workplace delegates to training leave at clause 15. It was one of many enterprise agreements that were made prior to the decision of the Full Court of the Federal Court in CMFEU v. Ai Group.[1] With the benefit of the Court's reasons, I identified what I considered to be defects in clause 14 of the Agreement and sought the parties views on making a variation pursuant to section 218A of the Act to address them.

[7] There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[2] The variations in this case were the subject of some correspondence between my Chambers and the parties and reflect an agreed position between the bargaining representatives to amend clauses 14 and 15 of the Agreement. I am satisfied they address the defects identified and are appropriate in the circumstances.

[8] A copy of the amendments made to clause 14 and 15 is attached below at Annexure A.

[9] I am satisfied that the amendments to clause 14 and 15 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The amendments to clauses 14 and 15 are made in accordance with a corrected copy of the Agreement, filed by the Employer on 13 March 2026. The Agreement attached to this Decision is the Agreement as varied and will operate from 25 March 2026.

[1] [2025] FCAFC 187.

[2] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

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