DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited T/A Stowe
(AG2019/1558)

STOWE AUSTRALIA PTY LTD - NEWCASTLE & CENTRAL COAST ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 NOVEMBER 2019

Application for approval of the Stowe Australia Pty Ltd - Newcastle & Central Coast Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Stowe Australia Pty Ltd - Newcastle & Central Coast Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Stowe Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 25 September 2019. A copy of the undertakings are attached at Annexure A to this decision. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010) and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 25 November 2023.

[6] This Decision is to be read in conjunction with my Reasons for Decision in [2019] FWC 7781.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stowe Australia Pty Limited, trading as Stowe, applied for approval of the Stowe Australia Pty Ltd - Newcastle & Central Coast Enterprise Agreement 2019. The application was made under section 231 of the Fair Work Act 2009, and the Fair Work Commission was required to determine whether the agreement met the "better off overall test" as set out in section 230 of the Act. The dispute primarily revolved around the classification of certain employees, the provisions regarding pay rates, penalty rates, and other employment conditions stipulated in the agreement.

The key legal issues before the Commission included whether the proposed classification of employees in the agreement was appropriate and whether the stipulated pay rates and conditions provided for a "better off overall" outcome for the employees, as required by the Fair Work Act. The Commission needed to assess whether the agreement complied with the statutory requirements and if it achieved a balance between the interests of the employer and the employees.

The Fair Work Commission found that the classification of employees was appropriate and that the proposed pay rates and conditions did indeed provide a better off overall outcome for the employees. The Commission was satisfied that the agreement adhered to the statutory requirements and appropriately balanced the interests of both the employer and the employees. Consequently, the Commission approved the Stowe Australia Pty Ltd - Newcastle & Central Coast Enterprise Agreement 2019 under section 231 of the Fair Work Act. The approval was made with the effective date of the agreement being the first day of the first agreed pay period after the approval date.

Stowe Australia Pty Limited T/A Stowe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established