DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2019/1723)

STOWE AUSTRALIA PTY LIMITED (BRISBANE CONSTRUCTION 1410) AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2019

Application for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stowe Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Stowe Australia Pty Limited sought approval for the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The application was brought under the Fair Work Act 2009, with the Fair Work Commission initially rejecting the application for approval. The primary legal issue was whether the enterprise agreement met the criteria for registration under section 230 of the Act. This included determining if the agreement contained the necessary minimum terms, whether it was certified by an independent certifier, and if it complied with the procedural requirements.

The court considered the submissions from both parties, focusing on the interpretation and application of the statutory provisions. It examined the content of the agreement to ascertain if it included all mandated minimum terms and whether it was certified by an appropriately independent certifier. The court also assessed if the agreement complied with the procedural requirements set forth in the Act, including the timing of the application and the process followed. Ultimately, the court found that the enterprise agreement did meet the necessary criteria for approval, as it contained the required minimum terms, was certified correctly, and adhered to the procedural requirements.

As a result, the court allowed the application and approved the enterprise agreement. The decision was based on a thorough examination of the agreement's content, certification process, and compliance with statutory requirements. The final orders of the court were that the application for approval of the enterprise agreement be granted, and the agreement was to be registered as required by the Fair Work Act 2009.

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