Stowe Australia Pty Limited
[2022] FWCA 292
•2 FEBRUARY 2022
| [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
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Annexure A
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