DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2020/1581)

STOWE AUSTRALIA PTY LIMITED (BRISBANE CONSTRUCTION 1410) 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 Construction 1410) 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 Construction 1410) 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 the Fair Work Commission's approval of the Enterprise Agreement between themselves and the CEPU Electrical Division Queensland. The respondent, the Electrical Trade Union of Australia, opposed the application on various grounds. The case was heard by the Commission in Brisbane. The central legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009 and if the bargaining process was genuine and in good faith. Specifically, the respondent argued that the agreement did not provide adequate protections for employees, and the process did not meet the standards required for genuine enterprise bargaining.

The Commission examined the evidence presented regarding the bargaining process and the content of the agreement. They considered whether the agreement was made in good faith and whether the process followed was genuine. The Commission also assessed if the agreement contained the necessary minimum terms and conditions as stipulated by the Act. Ultimately, the Commission found that the bargaining process was genuine and the agreement met all statutory requirements, including providing adequate protections for employees. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved it.

In its decision, the Commission approved the Enterprise Agreement, noting that it included provisions that were not only fair and reasonable but also provided for appropriate protections for employees. The Commission found that the bargaining process was conducted in good faith and met the statutory requirements under the Act. The respondent's objections were dismissed, and the agreement was approved for the specified period. The Commission's decision was based on a thorough examination of the evidence and a detailed analysis of the statutory provisions. The final orders included the approval of the Enterprise Agreement between Stowe Australia Pty Limited and the CEPU Electrical Division Queensland for the period from 1 January 2019 to 31 December 2023.

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