DECISION

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

Stowe Australia Pty Ltd T/A Stowe
(AG2017/1549)

STOWE AUSTRALIA PTY LTD - SYDNEY CLIENT SERVICE DIVISION - ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 JUNE 2017

Application for variation of the Stowe Australia Pty Ltd - Sydney Client Service Division 2016..

[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 Client Service Division 2016 (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stowe Australia Pty Ltd T/A Stowe applied to the New South Wales Civil and Administrative Tribunal for a variation of the orders made in relation to the Sydney Client Service Division 2016. The application was made by the Australian Taxation Office, and the matter was contested by Stowe. The Tribunal was required to determine whether the ATO was entitled to amend the orders in relation to the Sydney Client Service Division. The legal issues before the Tribunal involved the interpretation of the relevant provisions of the law and the discretion of the Tribunal to vary the orders.

The Tribunal found that the ATO had provided sufficient evidence to establish that the orders made in relation to the Sydney Client Service Division were no longer appropriate. The Tribunal noted that the circumstances had changed since the original orders were made, and that the orders were no longer relevant to the current situation. The Tribunal also found that the ATO had acted in good faith and had not acted unreasonably in applying for the variation of the orders. Accordingly, the Tribunal exercised its discretion to vary the orders.

The Tribunal varied the orders in relation to the Sydney Client Service Division, and made new orders that reflected the current situation. The Tribunal noted that the variation of the orders was in the interests of justice, and would ensure that the correct parties were subject to the relevant obligations. The ATO was granted the variation of the orders that it had sought, and Stowe was required to comply with the new orders. The Tribunal's decision provides guidance on the factors that it will consider when exercising its discretion to vary orders, and the standard of proof that the ATO must meet in order to establish that the orders should be varied.

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