DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2020/1578)

STOWE AUSTRALIA PTY LIMITED (BRISBANE CLIENT SERVICES 1405) AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2020

Application for approval of the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

[1] Stowe Australia Pty Limited has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 June 2020 and, in accordance with s 54, will operate from 24 June 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stowe Australia Pty Limited, sought approval for an enterprise agreement with its employees represented by CEPU Electrical Division Queensland. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its alignment with the Fair Work Act 2009 and its compliance with the Fair Work (Registered Organisations) Act 2009. The dispute arose from objections raised by the Queensland Building and Construction General On-Site Workers' Union, which argued that the agreement was not in the best interests of the employees and contained terms that were contrary to public policy.

The court needed to decide whether the agreement was a bona fide enterprise agreement, if it complied with the statutory requirements, and whether it was in the best interests of the employees. This included evaluating the agreement's provisions on wages, hours of work, and other conditions of employment, as well as assessing the process through which the agreement was negotiated and agreed upon. The court also had to consider whether any terms of the agreement contravened public policy or existing industrial instruments.

The Fair Work Commission found that the agreement was indeed a bona fide enterprise agreement and was properly negotiated. The commission determined that the agreement was in the best interests of the employees, as it provided them with improved terms and conditions of employment compared to the existing industrial instrument. The commission further found that none of the agreement's terms contravened public policy or existing industrial instruments. Accordingly, the commission approved the agreement, noting the importance of facilitating agreements that enhance the terms and conditions for employees.

The Fair Work Commission approved the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, setting a precedent for future agreements between the parties and potentially influencing similar agreements within the industry.

Stowe Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established