DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2021/6137)

STOWE AUSTRALIA PTY LIMITED AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2021

Application for approval of the Stowe Australia Pty Limited and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

[1] Stowe Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Limited and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 July 2021 and, in accordance with s 54, will operate from 29 July 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were Stowe Australia Pty Ltd, an employer, and ETU, a union representing employees. The dispute arose from the application for approval of the Stowe Australia Pty Limited and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission in Australia. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, coverage of employees, and compliance with minimum standards.

The court considered whether the agreement had been properly negotiated, whether all employees were adequately covered, and whether the agreement provided for minimum entitlements as required by law. The court also examined the process by which the agreement was approved and whether there was any procedural unfairness. The court found that the agreement had been fairly negotiated and that all employees were appropriately covered. It was determined that the agreement complied with the minimum standards set out in the Fair Work Act. The process for approving the agreement was deemed to be procedurally fair.

Consequently, the court approved the Stowe Australia Pty Limited and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The decision was based on the comprehensive evidence provided and the conclusion that the agreement met all necessary legal requirements. The court's approval was final and binding, allowing the agreement to be implemented between the employer and the union.

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