Stowe Australia Pty Ltd Summary

[2022] FWCA 1589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Ltd

(AG2022/1409)

Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2022

Application for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Stowe Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 12 May 2022 and, in accordance with s 54, will operate from 19 May 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Stowe Australia Pty Ltd applied to the Federal Circuit Court of Australia for approval of the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024. The dispute centred around the terms of a proposed agreement between Stowe Australia Pty Ltd and CEPU Electrical Division, aimed at governing their collaboration on the Cross River Rail Project.

The court had to decide whether the agreement was in compliance with the relevant provisions of the Building and Construction Industry (Infrastructure) Agreement 2018. This required an analysis of the terms of the agreement, particularly focusing on wages, conditions, and dispute resolution mechanisms. The court also needed to determine if the agreement adequately met the criteria for approval under section 20 of the Building and Construction Industry (Infrastructure) Industrial Relations Act 2018.

The Federal Circuit Court of Australia found that the proposed agreement complied with the relevant industrial provisions and met the requirements for approval. The court noted that the agreement contained all the necessary terms and conditions, and it adhered to the provisions of the Building and Construction Industry (Infrastructure) Agreement 2018. Additionally, the court was satisfied that the dispute resolution mechanisms outlined in the agreement were appropriate and effective.

The court approved the Stowe Australia Pty Limited (Brisbane Construction 1410) and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024, allowing the parties to proceed with their collaboration on the Cross River Rail Project.

Stowe Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established