Stowe Australia Pty Limited T/A Stowe Australia Pty Limited

[2019] FWCA 3095

[2019] FWCA 3095

FAIR WORK COMMISSION

DECISION

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

Stowe Australia Pty Limited T/A Stowe Australia Pty Limited
(AG2019/1043)

STOWE AUSTRALIA PTY LTD - TASMANIAN DIVISION SOUTHERN REGION ENTERPRISE AGREEMENT 2019-2021

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 7 MAY 2019

Application for approval of the Stowe Australia Pty Ltd - Tasmanian Division Southern Region Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Tasmanian Division Southern Region Enterprise Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Stowe Australia Pty Limited T/A Stowe Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 April 2019.

[3] On 29 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Annual leave loading will be paid out upon termination in all instances.

•  Personal leave will accrue in accordance with the NES.

•  Casual employees will be entitled to unpaid carer’s and compassionate leave in accordance with the NES.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, 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 this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

COMMISSIONER

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