DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2019/2553)

STOWE AUSTRALIA PTY LIMITED (GOLD COAST CONSTRUCTION 1420) AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 AUGUST 2019

Application for approval of the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] Stowe Australia Pty Limited has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Gold Coast Construction 1420) 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.

[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 (CEPU) 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 5 August 2019 and, in accordance with s.54, will operate from 12 August 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

Stowe Australia Pty Limited recently came before the Fair Work Commission in an application for the approval of the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019. The applicant, Stowe Australia, sought to have the proposed agreement approved and registered as a single-employer enterprise agreement under the Fair Work Act 2009. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application, arguing that the agreement did not meet the requirements of the Act and was not fairly negotiated.

The primary legal issues before the Commission were whether the agreement had been fairly negotiated and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement met the requirements for single-employer enterprise agreements, including whether the agreement was in writing, provided for a classification of employees, provided for the terms and conditions of employment, and contained a dispute resolution clause. The Commission also had to determine whether the agreement was made in good faith and whether it was reasonably appropriate to approve the agreement.

In its decision, the Commission found that the agreement had been fairly negotiated and met the requirements of the Fair Work Act. The Commission noted that the agreement had been the subject of extensive negotiations between the parties and that the applicant had provided evidence of good faith bargaining. The Commission also found that the agreement complied with the provisions of the Act and was reasonably appropriate to be approved. The Commission approved the agreement and registered it as a single-employer enterprise agreement.

The final orders of the Commission were that the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 be approved and registered as a single-employer enterprise agreement under the Fair Work Act. The agreement was to take effect from the date of registration and would remain in force until 30 June 2019. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

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