Stowe Australia Pty Limited Summary

[2025] FWCA 1997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Limited

(AG2025/1596)

STOWE AUSTRALIA PTY LIMITED - NORTHERN DIVISION SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 17 JUNE 2025

Application for approval of the Stowe Australia Pty Limited – Northern Division Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited – Northern Division Single Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Stowe Australia Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 11.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 17 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the case of Stowe Australia Pty Limited involved a dispute regarding the application for approval of a proposed enterprise agreement, specifically the Stowe Australia Pty Limited – Northern Division Single Enterprise Agreement 2025. The applicant, Stowe Australia Pty Limited, sought the Commission's approval of the agreement, which was intended to regulate the terms and conditions of employment for employees within its Northern Division. The primary respondent, United Voice, an industrial organisation representing the employees, raised objections to the application, leading to the necessity of judicial review by the Commission.

The legal issues central to this case revolved around whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. These included whether the agreement was made in good faith and whether it provided for proper procedural protections for employees. Additionally, the Commission had to determine if the agreement met the criteria for being a single enterprise agreement and if it appropriately balanced the interests of both the employer and the employees. The Commission also needed to consider the procedural fairness in the negotiation and formation of the agreement.

In its decision, the Commission examined the evidence provided by both parties and assessed the compliance of the proposed agreement with the relevant legislative provisions. The Commission found that the agreement was made in good faith and met the criteria for a single enterprise agreement. It also determined that the agreement adequately balanced the interests of both parties and provided for procedural protections for employees. Consequently, the Commission approved the application for the Stowe Australia Pty Limited – Northern Division Single Enterprise Agreement 2025, subject to certain conditions and modifications to ensure fairness and compliance with the Fair Work Act 2009.

The Fair Work Commission granted approval for the proposed enterprise agreement, with specific conditions and modifications to ensure compliance with the Fair Work Act 2009. These modifications included adjustments to ensure that the agreement continued to provide for the protection of employee interests and maintained a balance between the parties' rights and obligations. The Commission's decision was communicated to both Stowe Australia Pty Limited and United Voice, and the approved agreement was set to commence on the specified date, subject to the terms and conditions outlined in the Commission's decision.

Stowe Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established