DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stowe Australia Pty Ltd
(AG2019/1518)

STOWE AUSTRALIA PTY LTD - CANBERRA DIVISION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 JULY 2019

Application for approval of the Stowe Australia Pty Ltd - Canberra Division Enterprise Agreement 2019.

[1] Stowe Australia Pty Ltd (Stowe) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Canberra Division Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by Stowe in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Stowe Australia Pty Ltd, the employer, and the Health Services Union of Australia, the union representing the employees. The dispute was regarding the approval of the Stowe Australia Pty Ltd - Canberra Division Enterprise Agreement 2019. The Fair Work Commission (FWC) was the court responsible for the decision.

The legal issues before the FWC were whether the agreement met the requirements under the Fair Work Act 2009 for approval, specifically if it complied with the "better off overall test" and if it met the "in good faith" requirement. The union argued that the agreement did not meet the better off overall test and was not negotiated in good faith.

The FWC found that the agreement did meet the better off overall test, as most employees would be better off with the new agreement. The FWC also found that the agreement was negotiated in good faith, despite some procedural issues. The FWC concluded that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The FWC approved the Stowe Australia Pty Ltd - Canberra Division Enterprise Agreement 2019, allowing it to come into effect as a legally binding agreement between the employer and the union. The decision highlights the importance of meeting the statutory requirements for approving an enterprise agreement and the role of the FWC in ensuring fair and effective workplace agreements.

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