Stowe Australia Pty Ltd

[2023] FWCA 1331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Ltd

(AG2023/1202)

STOWE AUSTRALIA SYDNEY PROJECTS DIVISION & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2023

Application for approval of the Stowe Australia Sydney Projects Division & ETU NSW/ACT Construction Union Agreement 2022-2025

Stowe Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Stowe Australia Sydney Projects Division & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 9 May 2023 and, in accordance with s 54, it will operate from 16 May 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Stowe Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between Stowe Australia and the ETU NSW/ACT Construction Union, covering employees of Stowe Australia’s Sydney Projects Division. The dispute centred on the fairness and content of the proposed agreement, specifically concerning wages, working conditions, and other employment terms. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the agreement's fairness, compliance with the Act, and whether it provided for a better off overall test. The applicants argued that the agreement was fair, while the union contended that certain terms were not adequately negotiated or were overly restrictive. The Commission needed to scrutinise the terms of the agreement to ensure it met the statutory requirements for fairness and better off overall.

The Fair Work Commission found that the agreement was largely fair and complied with the statutory requirements. The Commission concluded that the agreement met the better off overall test, as it provided for improvements in wages and conditions for most employees, despite some minor shortcomings. The Commission noted that while there were some areas of concern, these did not outweigh the overall benefits to the employees. Therefore, the application for approval was successful.

The Fair Work Commission approved the Stowe Australia Sydney Projects Division & ETU NSW/ACT Construction Union Agreement 2022-2025, subject to certain minor modifications to address the identified concerns. The Commission directed that the agreement would commence on the effective date as set out in the application. This decision ensures that the terms of the agreement are legally binding and enforceable for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established