DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2015/5485)

STOWE AUSTRALIA PTY LTD - SYDNEY PROJECTS DIVISION - UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Stowe Australia Pty Ltd - Sydney Projects Division - Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd – Sydney Projects Division – Union Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 September 2015 and, in accordance with s.54, will operate from 2 October 2015. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Stowe Australia Pty Ltd, the applicant sought approval for the Stowe Australia Pty Ltd - Sydney Projects Division - Union Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose from the negotiation process and the fairness of the terms contained within the agreement. The primary concern was whether the agreement was appropriately negotiated and if its provisions were fair and reasonable for the employees involved.

The legal issues before the court involved verifying if the agreement had been fairly and genuinely negotiated, as mandated by the Fair Work Act. The applicant needed to demonstrate that the agreement was negotiated in good faith and that the terms were fair and reasonable. The court also had to assess if the agreement complied with the procedural requirements outlined in the Act, including the necessity for proper consultation and negotiation processes. Furthermore, the court examined the specific terms of the agreement to ensure they aligned with the provisions of the Act and did not unfairly disadvantage the employees.

The Fair Work Commission found that the agreement had been fairly and genuinely negotiated in accordance with the Fair Work Act. The Commission concluded that the negotiation process had been conducted appropriately, and the terms of the agreement were fair and reasonable. The court emphasised that the applicant had demonstrated compliance with the procedural requirements of the Act, including adequate consultation and negotiation. Consequently, the Commission approved the agreement, acknowledging that it met all statutory requirements and was beneficial for the employees covered by it.

The Fair Work Commission granted approval for the Stowe Australia Pty Ltd - Sydney Projects Division - Union Enterprise Agreement 2015, determining that it complied with the Fair Work Act and was fairly negotiated. This decision affirmed the agreement's validity and ensured that the terms would apply to the relevant employees under the provisions of the approved enterprise agreement.

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