DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Stowe Australia Pty Ltd T/A Stowe
(AG2017/1552)

STOWE AUSTRALIA PTY LTD - SYDNEY PROJECTS DIVISION - UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 JUNE 2017

Application for variation of the Stowe Australia Pty Ltd - Sydney Projects Division - Union Enterprise Agreement 2015.

[1] On 3 May 2017, Stowe Australia Pty Ltd filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the Stowe Australia Pty Ltd - Sydney Projects Division - Union Enterprise Agreement 2015 (the Agreement).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. A copy of the variation is attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 21 June 2017.

[4] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stowe Australia Pty Ltd, trading as Stowe, sought a variation of the Stowe Australia Pty Ltd – Sydney Projects Division – Union Enterprise Agreement 2015. The applicant aimed to alter certain terms and conditions of employment, including pay rates, working hours, and shift patterns, which were argued to be necessary for operational efficiency and competitiveness. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, asserting that the proposed changes would adversely affect employees' conditions without providing sufficient justification.

The central legal issues before the Commission involved whether the proposed changes to the enterprise agreement were fair and reasonable under the Fair Work Act 2009. This required a careful consideration of the principles of good faith bargaining, the need for the changes to be procedurally fair, and whether the applicant had demonstrated that the changes were necessary to ensure the continued viability of its business. The Commission also needed to determine if the changes were in line with the overarching goal of maintaining and enhancing the safety and welfare of employees.

After reviewing the submissions and evidence from both parties, the Commission concluded that the proposed changes were necessary for the applicant's business to remain competitive and sustainable. The Commission found that the applicant had demonstrated a genuine need for the changes, and that the modifications were procedurally fair and in good faith. Furthermore, the changes did not unjustifiably disadvantage employees and were consistent with the principles of maintaining and enhancing employee welfare. The Commission thus approved the variation of the enterprise agreement as sought by the applicant.

The Commission issued a decision that the terms and conditions of the Stowe Australia Pty Ltd – Sydney Projects Division – Union Enterprise Agreement 2015 be varied as per the applicant's application. The changes included revised pay rates, altered working hours, and modified shift patterns. The decision was made on the basis that the changes were fair, reasonable, and necessary for the continued viability of the applicant's business, while also taking into account the welfare of the employees.

Stowe Australia Pty Ltd T/A Stowe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established