Stowe Australia Pty Limited Summary

[2018] FWCA 1021

The attached document replaces the document previously issued with the above code on 16 February 2018.

Correction of an error in paragraph 1. The title of the Agreement has been updated to Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015 – 2018.

Member Assist
For Commissioner Harper-Greenwell

Dated19 February 2018

[2018] FWCA 1021

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Limited

(AG2017/5318)

Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018

Electrical contracting industry
Commissioner Harper-Greenwell	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (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.

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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The application was brought by the Certified Electrical and Plumbing Union (CEPU), the registered union representing the employees in question. The company, Stowe Australia Pty Limited, did not oppose the application but sought clarification and amendments to certain provisions of the agreement.

The key legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained all necessary provisions as per the Act. The Commission also needed to determine whether the agreement was consistent with the relevant industrial instruments and whether it complied with the requirements for coverage and registration.

In its decision, the Commission found that the agreement largely met the statutory requirements for approval. The Commission noted that the agreement contained all necessary provisions as required by the Act and that it provided for fair and reasonable terms and conditions of employment. However, the Commission made several amendments to certain provisions to ensure they were consistent with the relevant industrial instruments and to rectify minor drafting errors. After making these amendments, the Commission approved the agreement for registration, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, with the amendments made by the Commission. The agreement was registered and became a registered enterprise agreement on the date of the Commission's decision.

Stowe Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established