DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2017/5280)

STOWE AUSTRALIA PTY LTD -TASMANIAN DIVISION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stowe Australia Pty Limited, the applicant, sought approval of an enterprise agreement with its employees represented by the Electrical Trades Union of Australia. The application involved the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2017, which the applicant claimed met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the provisions of the Act and whether it provided for the terms and conditions of employment in a fair and reasonable manner.

The key legal issues before the Commission were whether the agreement was made in accordance with the procedural fairness requirements of the Act, whether it provided for terms and conditions of employment that were fair and reasonable, and whether it contained any terms that were contrary to public policy. The Commission had to consider the process through which the agreement was negotiated and whether the terms were fair and reasonable in light of the relevant award provisions, any relevant industry benchmarks, and the broader labour market conditions.

The Fair Work Commission found that the agreement was made in a manner that complied with the procedural fairness requirements of the Act. It concluded that the agreement was fair and reasonable and did not contain any terms that were contrary to public policy. The Commission considered the process of negotiation, the terms of the agreement, and the context in which it was made. It found that the agreement provided for terms and conditions of employment that were consistent with the award and industry benchmarks, and that it was fair and reasonable in the broader labour market context. The Commission approved the application for the agreement to be registered.

The Commission ordered that the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2017 be registered by the Registrar of the Fair Work Commission. This decision meant that the agreement would have effect as a registered agreement under the Act, and would govern the terms and conditions of employment of the employees covered by the agreement. The decision was a significant step in formalising the terms of employment for the employees of Stowe Australia Pty Limited in Tasmania.

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