Stowe Australia Pty Limited

[2013] FWCA 2998

[2013] FWCA 2998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stowe Australia Pty Limited
(AG2013/6121)

STOWE AUSTRALIA PTY LTD - NORTHERN DIVISION SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 14 MAY 2013

Application for approval of the Stowe Australia Pty Ltd - Northern Division Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Northern Division Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement’s term for dealing with disputes does not meet the requirements of s.186(6) of the Act. the Applicant has requested that the model term for dealing with disputes be adopted as a term of the Agreement. As found at Schedule 6.1 of the Fair Work Regulations 2009 (the Regulations) the model term for dealing with disputes is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[3] The Agreement covers the employer’s northern division electrical contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 21 May 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401237  PR536612>