DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd
(AG2016/6290)

STOWE AUSTRALIA PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Stowe Australia Pty Ltd Pilbara Region Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd Pilbara Region 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Pilbara Region Enterprise Agreement 2016 between Stowe Australia Pty Ltd and its employees. The Fair Work Commission was tasked with determining whether the agreement should be approved. The agreement, which covers various terms and conditions of employment, was submitted for approval following negotiations between the employer and the employees' representatives.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any contraventions of the Act. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions of employment. It concluded that the agreement met the statutory requirements for approval and did not contravene any provisions of the Act. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and that it was in the best interests of the employees covered by the agreement.

As a result, the Commission approved the Pilbara Region Enterprise Agreement 2016. The agreement now provides the framework for the terms and conditions of employment for the employees of Stowe Australia Pty Ltd in the Pilbara Region.

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