Stowe Australia Pty Limited

[2022] FWCA 292

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Limited

(AG2021/9021)

stowe australia pty limited (brisbane construction 1410) and cepu electrical division queensland enterprise agreement 2021 - 2023

Electrical contracting industry
Commissioner Matheson	SYDNEY, 2 FEBRUARY 2022

Application for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2021 - 2023.

An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2021 - 2023 (Agreement). The application was made by Stowe Australia Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Since the application was made, the Commission sought further information from the Applicant in relation to pre-approval requirements. The Applicant provided this information to the Commission on 21 January 2022 and a hearing was held on 25 January 2022.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Service 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Stowe Australia Pty Limited, sought approval for a proposed enterprise agreement with CEPU Electrical Division Queensland. The agreement covered the period 2021 to 2023 and was to be applied to employees classified as 'Brisbane Construction 1410'. The application was brought before the Fair Work Commission under section 234 of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the legislation.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees, whether it facilitated the efficient operation of the workplace, and whether it adhered to the Fair Work (Registered Organisations) Act 2009. The Commission also needed to examine whether the agreement had been made in good faith and without coercion.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees, facilitated the efficient operation of the workplace, and adhered to the relevant legislation. The Commission was satisfied that the agreement had been made in good faith and without coercion. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the registration of the proposed enterprise agreement, effective from 1st July 2021. The agreement was registered under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The decision was made on the basis that the agreement met all the necessary criteria and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established