Stowe Australia Pty Limited

[2021] FWCA 7074

[2021] FWCA 7074

FAIR WORK COMMISSION

DECISION

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

Stowe Australia Pty Limited
(AG2021/8729)

THE STOWE AUSTRALIA PTY LIMITED (BRISBANE CLIENT SERVICES 1405) AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2023

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 24 DECEMBER 2021

Application for approval of the Stowe Australla Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2021 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stowe Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] A typographical error was identified in the Agreement by the Parties, being that the year in the title clause of the Agreement was incorrectly recorded. Both parties have, by consent, sought the correction of the typographical error and provided an undertaking to that effect. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] The Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

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