Stowe Australia Pty Limited T/A Stowe

[2017] FWCA 2474

[2017] FWCA 2474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Stowe Australia Pty Limited T/A Stowe
(AG2017/1532)

STOWE AUSTRALIA PTY LTD - NEWCASTLE AND CENTRAL COAST ENTERPRISE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 MAY 2017

Application for variation of the Stowe Australia Pty Ltd - Newcastle and Central Coast Enterprise Agreement 2016.

[1] An application pursuant to s.210 of the Fair Work Act 2009 (the Act) has been made by Stowe Australia Pty Ltd TA Stowe (“the Employer”) for variation to the Stowe Australia Pty Ltd - Newcastle and Central Coast Enterprise Agreement 2016 [AE420287] (“the Agreement”). The application was lodged on 2 May 2017.

[2] In addition to Form F23 – Application for Approval of Variation of Enterprise Agreement - the Applicant provided to the Commission a statutory declaration from Mr Danny Atkinson, General Manager NSW & ACT/Director. Also provided was a memorandum to all employees concerning the variation and in which the variation was set out. The memorandum was dated 12 April 2017.

[3] The variation involves various changes to the Agreement which include the following matters:

● Accrued RDOs;

● Various allowances;

● Superannuation payments and income protection insurance;

● Public holidays;

● Wage rates;

● Profit share.

[4] The variations to the Agreement can be found at Annexure A to this decision.

[5] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot. I am satisfied that each of the requirements of ss.210 and 211 of the Act, have been satisfied.

[6] The variation was approved by a majority of employees, in accordance with s.209 on 20 April 2017.

[7] The variation to the Agreement is approved and will come into operation from 4 May 2017.

[8] A consolidated version of the agreement, as varied is attached to this decision at Appendix B.

DEPUTY PRESIDENT

Appendix A

Printed by authority of the Commonwealth Government Printer

<Price code G, AE420287  PR592660>