DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd T/A Stowe Australia
(AG2017/3579)

STOWE AUSTRALIA PTY LTD - SYDNEY WESTERN DIVISION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Stowe Australia Pty Ltd - Sydney Western Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Sydney Western Division Enterprise Agreement 2017 (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 T/A Stowe Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2017. The nominal expiry date of the Agreement is 5 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stowe Australia Pty Ltd T/A Stowe Australia applied for approval of the Stowe Australia Pty Ltd - Sydney Western Division Enterprise Agreement 2017. The application was opposed by a number of individuals who were concerned about various provisions of the agreement, including those relating to pay rates, hours of work, and redundancies.

The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it was deficient in several respects.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement did not comply with certain requirements of the legislation. However, the Commission also found that the deficiencies were not significant enough to warrant rejecting the agreement outright. Instead, the Commission approved the agreement with some modifications to address the identified issues. These modifications included changes to the pay rates, hours of work, and redundancy provisions.

The Commission's decision provides useful guidance for employers and employees who are negotiating enterprise agreements. It highlights the importance of ensuring that agreements comply with the relevant legal requirements, while also recognising that minor deficiencies may not necessarily be fatal to an agreement's approval.

Stowe Australia Pty Ltd T/A Stowe Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established