Stowe Australia Pty Limited Summary

[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

CaseChat Overview and Summary

In the Fair Work Commission, Stowe Australia Pty Limited sought approval for the Stowe Australia Pty Ltd - Northern Division Single Enterprise Agreement 2013. The application was made by the employer under section 178 of the Fair Work Act 2009. The union, United Voice, objected to the application on various grounds, including that the agreement did not meet the 'better off overall test' under section 230 of the Act.

The central legal issue before the Commission was whether the proposed agreement provided employees with a 'fair share' of the benefits flowing from their employment, as required by the Act. This involved assessing whether the employees were better off overall by being covered by the agreement compared to if they were not. The Commission had to consider factors such as wages, conditions of employment, and the overall impact on the employees' financial and non-financial benefits.

The Commission found that the proposed agreement did meet the 'better off overall test'. It concluded that the agreement provided employees with a fair share of the benefits flowing from their employment. The Commission considered the increased wages, improved working conditions, and the overall benefits to the employees, finding that these outweighed any potential detriments. Consequently, the application for approval was granted, and the agreement was approved.

The Fair Work Commission ordered that the Stowe Australia Pty Ltd - Northern Division Single Enterprise Agreement 2013 be approved as a single enterprise agreement under section 178 of the Fair Work Act 2009. The agreement was to apply to the employees of Stowe Australia Pty Limited in the Northern Division, as specified in the application. The Commission's decision was based on its determination that the agreement provided a fair share of benefits to the employees and met the requirements of the Act.

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