Stowe Australia Pty Limited

[2019] FWCA 6856

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Limited

(AG2019/3565)

Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019

Electrical contracting industry
Deputy President Colman	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019

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 2018 - 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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.

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.
The Agreement was approved on 3 October 2019 and, in accordance with s 54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Stowe Australia Pty Limited and CEPU Electrical Division Queensland. The dispute concerns an application for the approval of a particular enterprise agreement. The Federal Circuit and Family Court of Australia was tasked with determining whether this agreement should be endorsed. This decision was made in light of the provisions of the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements under the Fair Work Act, including whether it provided for a fair and efficient bargaining process, and whether it met the prerequisites for "no-disadvantage" and "better-off overall" tests. The court had to examine the details of the agreement to ensure it was made in good faith and whether it met the necessary standards to be approved.

In its reasoning, the court evaluated the provisions of the agreement, considering the specific terms and conditions it outlined. It examined whether the agreement met the criteria for being "simple, fair, and portable" and whether it provided for adequate mechanisms for resolving disputes. The court also considered whether the agreement ensured that employees were not worse off overall than under the applicable award or registered agreement. After thorough analysis, the court found that the agreement did comply with the necessary statutory requirements and was fair and efficient. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 was approved, effective from the date of the judgment. This decision was made in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established