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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CaseChat Overview and Summary

The application before the Fair Work Commission was made by Stowe Australia Pty Limited, trading as Stowe Australia Pty Limited, seeking approval of an enterprise agreement. The dispute centred on the terms of the Stowe Australia Pty Ltd - Tasmanian Division Southern Region Enterprise Agreement 2019-2021. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement contained terms that were procedurally and substantively compliant with the Fair Work Act. The applicant had to demonstrate that the agreement was certified by a relevant independent certifier, that it was made in good faith, and that it contained terms that were not less favourable than the applicable awards or safety net. Additionally, the Commission had to consider whether the agreement met the genuine bargaining requirement, ensuring that the terms were negotiated in a fair and transparent manner.

The Fair Work Commission found that the agreement was procedurally sound, having been certified by an independent certifier and made in good faith. The Commission also determined that the terms of the agreement were not less favourable than the applicable awards or safety net, thereby meeting the substantive requirements of the Act. Furthermore, the Commission was satisfied that the genuine bargaining requirement was met, as evidenced by the comprehensive negotiation process documented in the application. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Stowe Australia Pty Ltd - Tasmanian Division Southern Region Enterprise Agreement 2019-2021 be approved, effective from the date of the decision. This approval ensures that the terms of the agreement will apply to the employees covered by the agreement, providing a clear and legally binding framework for their employment conditions.

Stowe Australia Pty Limited T/A Stowe Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established