Stowe Australia Pty Limited Summary

[2025] FWCA 1916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Limited

(AG2025/1705)

STOWE AUSTRALIA PTY LIMITED (BRISBANE CONSTRUCTION 1410) AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2025

Application for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Stowe Australia Pty Limited has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 10 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stowe Australia Pty Limited applied for the approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027. The Fair Work Commission was asked to consider the application under the Fair Work Act 2009. The agreement was the result of negotiations between Stowe Australia Pty Limited and the CEPU Electrical Division. The agreement contained provisions on wages, penalty rates, allowances, and conditions of employment, and it was intended to regulate the employment of electrical workers in the Cross River Rail Project in Queensland.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, and if it contained provisions that were in breach of the Act. The Commission noted that the agreement provided for a period of three years, and contained provisions on wages, allowances, and conditions of employment. The Commission considered that the agreement met the requirements of the Act, and that it contained provisions that were not in breach of the Act. The Commission approved the agreement, and it will now be registered and in force.

The Commission approved the agreement, and it will now be registered and in force. The agreement will regulate the employment of electrical workers in the Cross River Rail Project in Queensland for a period of three years. The Fair Work Act 2009 provides for the registration of enterprise agreements, which can regulate the terms and conditions of employment for employees covered by the agreement. The Commission is responsible for considering applications for the approval of enterprise agreements, and for deciding whether to approve or reject the agreement. The Commission must consider whether the agreement meets the requirements of the Act, and whether it contains provisions that are in breach of the Act. The Commission may also consider whether the agreement is likely to have a detrimental effect on the employees covered by the agreement, or on the broader industrial relations system.

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