Stowe Australia Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stowe Australia Pty Limited applied for the approval of a new enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, a federal statutory body with the authority to resolve workplace disputes and to approve new enterprise agreements. The dispute involved the proposed enterprise agreement between Stowe Australia Pty Limited and CEPU Electrical Division Queensland. The new agreement sought to replace an existing one and was to be in effect for the period from 2021 to 2023.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act, including provisions for employee representation, dispute resolution, and procedural fairness. The Commission also had to consider whether the agreement complied with the "better off overall test," ensuring that employees were not worse off than they would be under the existing agreement.

In its decision, the Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act. The Commission determined that the agreement was procedurally fair and met the better off overall test. It also found that the agreement provided for adequate employee representation and dispute resolution mechanisms. The Commission approved the application, allowing the new enterprise agreement to take effect from the specified period.

The Fair Work Commission ordered that the Stowe Australia Pty Limited (Brisbane Client Services 1405) and CEPU Electrical Division Queensland Enterprise Agreement 2021 – 2023 be approved as of 1 July 2021, and be registered under the Fair Work Act. The approval was subject to the conditions and terms set out in the agreement.

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