DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2016/3671)

STOWE AUSTRALIA PTY LTD - NEWCASTLE AND CENTRAL COAST ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 4 AUGUST 2016

Application for approval of the Stowe Australia Pty Ltd - Newcastle and Central Coast Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Newcastle and Central Coast Enterprise Agreement 2016 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2016. The nominal expiry date of the Agreement is 14 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stowe Australia Pty Ltd applied to the Fair Work Commission for approval of the Stowe Australia Pty Ltd – Newcastle and Central Coast Enterprise Agreement 2016. The applicant sought to have the agreement made under section 174 of the Fair Work Act 2009 approved as a simple or low-complexity enterprise agreement. The application was opposed by several unions and a former employee. The primary issues for determination were whether the agreement met the requirements of section 177 of the Act and whether it contained provisions that were contrary to the public interest. The Fair Work Commission found that the agreement was not a simple agreement and contained complex provisions. The Commission also found that certain provisions in the agreement were contrary to the public interest, as they allowed for the termination of employment on the grounds of redundancy based on a subjective assessment by the employer. The Commission did not grant approval of the agreement. The Commission found that the provisions allowing for subjective termination on the grounds of redundancy were not in the best interests of the employees and were contrary to the public interest. The Commission held that the agreement could not be approved as it contained provisions that were not in accordance with the Act. The Fair Work Commission did not approve the Stowe Australia Pty Ltd – Newcastle and Central Coast Enterprise Agreement 2016.

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