Stowe Australia Pty Ltd - Sydney Client Services Division T/A Stowe Australia Pty Ltd - [2022] FWCA 599

[2022] FWCA 599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stowe Australia Pty Ltd - Sydney Client Services Division T/A Stowe Australia Pty Ltd

(AG2021/9254)

STOWE AUSTRALIA PTY LTD – SYDNEY CLIENT SERVICES SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 22 FEBRUARY 2022

Application for approval of the Stowe Australia Pty Ltd - Sydney Client Services Division Single Enterprise Agreement 2021

Stowe Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Stowe Australia Pty Ltd – Sydney Client Services Single Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Form F18 - Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F18 in which indicated it did not support the approval of the Agreement and did not want the Agreement to cover it.

Accordingly, the Agreement does not cover the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 22 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a single enterprise agreement between Stowe Australia Pty Ltd - Sydney Client Services Division and its employees. The application was brought before the Fair Work Commission, which is responsible for the approval of such agreements under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement met the necessary legal requirements and adequately protected the rights and interests of the employees.

The key legal issues that the Commission needed to address included whether the agreement complied with the provisions of the Fair Work Act, specifically regarding the procedural fairness and the content of the agreement. The Commission had to ensure that the agreement was made in good faith, contained only permissible terms, and provided adequate protections for the employees' rights and interests. Additionally, the Commission had to consider whether the agreement was the result of genuine bargaining and whether it was fair and reasonable in all the circumstances.

In its decision, the Commission noted that the application for approval was made in accordance with the statutory requirements and that the agreement had been negotiated in good faith. The Commission found that the proposed agreement contained all the necessary provisions and did not contravene any provisions of the Fair Work Act. The Commission also determined that the agreement provided adequate protections for the employees and was fair and reasonable in all the circumstances. Consequently, the Commission approved the application and registered the Stowe Australia Pty Ltd - Sydney Client Services Division Single Enterprise Agreement 2021.

The Fair Work Commission approved the application and registered the agreement, making it legally binding on the parties involved. The decision ensures that the agreement will govern the employment terms and conditions of the employees in accordance with the Fair Work Act and provides a framework for the resolution of any future disputes that may arise under the agreement.

Stowe Australia Pty Ltd - Sydney Client Services 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