Stowe Australia Pty Ltd

[2013] FWCA 698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2012/13109)

STOWE AUSTRALIA PTY LTD - TASMANIAN DIVISION ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 31 JANUARY 2013

Application for approval of the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Stowe Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 February 2013. The nominal expiry date of the Agreement is 6 February 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the court involved Stowe Australia Pty Ltd and the Tasmanian Division of its enterprise agreement. The primary issue was the approval of the 2012 enterprise agreement by the Fair Work Commission. The parties disagreed on certain provisions within the agreement, leading to an application by the employer for the court to review and approve the agreement. The Fair Work Commission was called upon to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues centred around the interpretation and application of the Fair Work Act provisions relating to enterprise agreements. Specifically, the court needed to assess whether the agreement was genuinely an enterprise agreement, whether it contained the necessary minimum terms and conditions, and if it was made in good faith and without coercion. The court had to consider the submissions from both parties, including the employer's argument that the agreement was beneficial for both employees and the business, and the union's concerns about certain provisions impacting employee rights.

The court found that the agreement was indeed an enterprise agreement as it was made between the employer and the union representing the employees. The court examined the provisions of the agreement and determined that it met the statutory requirements, including the inclusion of minimum terms and conditions. The court was satisfied that the agreement was made in good faith and without coercion, considering the submissions and evidence presented. As a result, the court approved the Stowe Australia Pty Ltd - Tasmanian Division Enterprise Agreement 2012.

The final orders of the court were that the 2012 enterprise agreement be approved in accordance with the Fair Work Act. The agreement was to take effect from the date of the court's decision and would remain in force until a new agreement was made or until it was terminated in accordance with the Act. The court's decision provided clarity and certainty for both the employer and the employees, allowing the agreement to be implemented and ensuring compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established