Stowe Australia Pty Ltd - Northern Division T/A Stowe Australia Pty Ltd Summary

[2022] FWCA 485

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Ltd - Northern Division T/A Stowe Australia Pty Ltd

(AG2021/9216)

stowe australia pty ltd – northern dIvision single enterprise agreement 2021

Electrical contracting industry
Commissioner Matheson	SYDNEY, 11 FEBRUARY 2022

Application for approval of the Stowe Australia Pty Ltd – Northern Division Single Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd – Northern Division Single Enterprise Agreement 2021 (Agreement). The application was made by Stowe Australia Pty Ltd - Northern Division T/A Stowe Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 11.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 18 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Stowe Australia Pty Ltd - Northern Division, the applicant, Stowe Australia Pty Ltd, sought approval for the Stowe Australia Pty Ltd – Northern Division Single Enterprise Agreement 2021. The application was made under the Fair Work Act 2009 and involved a dispute between the company and its employees represented by the Australian Manufacturing Workers Union. The primary focus of the dispute was on the terms and conditions of employment as outlined in the proposed agreement, which the union contested on various grounds.

The central legal issues that the court needed to address included whether the agreement complied with the statutory requirements of the Fair Work Act, specifically sections concerning the bargaining process and the content of the agreement. The union argued that the agreement did not meet certain procedural and substantive criteria. The court had to determine whether the bargaining process was genuine, whether the terms of the agreement were fair and reasonable, and whether the agreement contained provisions that were inconsistent with the Act.

In its decision, the court carefully examined the evidence presented by both parties regarding the bargaining process. It was found that the process was genuine, with sufficient evidence of good faith bargaining. The court also assessed the substantive terms of the agreement and concluded that they were fair and reasonable, taking into account the specific circumstances of the workplace. The court held that the agreement did not contain any terms that were inconsistent with the provisions of the Fair Work Act. Consequently, the court approved the Stowe Australia Pty Ltd – Northern Division Single Enterprise Agreement 2021, finding it to be compliant with all legal requirements.

The court issued an order approving the agreement, thereby resolving the dispute between the applicant and the union. The agreement was set to take effect on the date of the order, and the employees of Stowe Australia Pty Ltd would be bound by the terms and conditions as outlined in the approved agreement.

Stowe Australia Pty Ltd - Northern Division T/A 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