DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited T/As Stowe Australia Pty Ltd
(AG2017/5320)

STOWE AUSTRALIA PTY LIMITED (GOLD COAST CONSTRUCTION 1420) 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 (Gold Coast Construction 1420) 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

In the matter of Stowe Australia Pty Limited trading as Stowe Australia Pty Ltd, an application was brought before the Fair Work Commission to approve the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The application sought the Commission's approval of the agreement, which had been negotiated between Stowe Australia Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on behalf of the Electrical Division Queensland. The agreement outlined the terms and conditions of employment for employees within the specified enterprise.

The legal issues before the Commission included whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly whether it was made in good faith and whether it provided for the proper protection of employees' interests. Additionally, the Commission had to determine if the agreement complied with the relevant provisions of the Fair Work Regulations 2009. The fairness and reasonableness of the agreement's terms and conditions were also scrutinised to ensure they were equitable and met the needs of both parties.

The Fair Work Commission found that the agreement was made in good faith and provided for the proper protection of employees' interests. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act and Regulations. The terms and conditions of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of both parties. As a result, the Commission approved the Stowe Australia Pty Limited (Gold Coast Construction 1420) and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, effective from the date of the decision and continuing until 31 December 2018, or until terminated in accordance with the agreement's provisions. The approved agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also directed that a copy of the decision be provided to both parties and any other interested persons.

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