DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2016/7990)

STOWE AUSTRALIA PTY LTD - NORTHERN DIVISION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Stowe Australia Pty Ltd - Northern Division Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Northern Division Enterprise Agreement 2016 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 2 February 2017 and, in accordance with s.54, will operate from 9 February 2017. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Stowe Australia Pty Ltd to have the Stowe Australia Pty Ltd - Northern Division Enterprise Agreement 2016 approved by the Fair Work Commission. The company sought to have the agreement registered with the Fair Work Commission, which would allow it to be enforceable under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration, including whether it provided for the proper regulation of employees' terms and conditions of employment.

The key legal issues before the Fair Work Commission were whether the agreement provided for the proper regulation of employees' terms and conditions of employment, and whether it met the requirements for registration under the Fair Work Act. The Commission was required to consider whether the agreement provided for the proper regulation of employees' terms and conditions of employment by ensuring that they were not less favourable than the applicable award or safety net award, and whether it contained provisions that were necessary to ensure that the agreement operated fairly and effectively. The Commission was also required to consider whether the agreement met the requirements for registration under the Fair Work Act, including whether it had been certified as a genuine agreement by an independent person.

The Fair Work Commission found that the agreement met the criteria for registration and approved the Stowe Australia Pty Ltd - Northern Division Enterprise Agreement 2016. The Commission found that the agreement provided for the proper regulation of employees' terms and conditions of employment, and that it contained provisions that were necessary to ensure that it operated fairly and effectively. The Commission also found that the agreement met the requirements for registration under the Fair Work Act, including that it had been certified as a genuine agreement by an independent person. The Commission noted that the agreement provided for a range of terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms, and that it had been negotiated in good faith between the parties.

The Fair Work Commission approved the Stowe Australia Pty Ltd - Northern Division Enterprise Agreement 2016 and registered it with the Fair Work Commission. The agreement is now enforceable under the Fair Work Act and provides for the proper regulation of employees' terms and conditions of employment. The decision of the Fair Work Commission is final and binding, and cannot be appealed.

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