DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited T/As Stowe Australia Pty Ltd
(AG2017/5319)

STOWE AUSTRALIA PTY LIMITED (BRISBANE CONSTRUCTION 1410) AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (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 T/As Stowe Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The 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.

[4] The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stowe Australia Pty Limited, trading as Stowe Australia Pty Ltd, was the applicant in a proceeding before the Fair Work Commission (FWC). The application was for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The dispute centred on the terms and conditions of employment as outlined in the enterprise agreement, with the main contention being whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement complied with the legislative provisions, specifically whether it was a "better off overall test" (BOOT) compliant agreement. The FWC needed to determine if the proposed terms and conditions of employment were at least as good as the relevant award or safety net, taking into account both monetary and non-monetary benefits. The applicant argued that the agreement was fair and reasonable and met the statutory criteria for approval.

In assessing the application, the FWC considered the submissions from both parties, the relevant provisions of the Fair Work Act, and the specifics of the proposed agreement. The FWC found that the agreement contained provisions that were better than the applicable award, including higher wage rates and additional benefits. After weighing the overall benefits and drawbacks, the FWC concluded that the agreement did meet the BOOT and was therefore fair and reasonable. The FWC approved the enterprise agreement, allowing it to take effect from the specified date.

The final orders of the FWC were that the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of the FWC's decision.

Stowe Australia Pty Limited T/As Stowe Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established