DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd T/A Stowe Australia
(AG2016/7377)

STOWE AUSTRALIA PTY LTD - WOLLONGONG AND NOWRA ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Stowe Australia Pty Ltd - Wollongong and Nowra Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd - Wollongong and Nowra Enterprise Agreement 2016 (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. 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 22 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stowe Australia Pty Ltd, trading as Stowe Australia, brought an application before the Fair Work Commission for the approval of the Stowe Australia Pty Ltd - Wollongong and Nowra Enterprise Agreement 2016. The application was filed to secure the necessary legal endorsement for the agreement that had been negotiated between the employer and the employees. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on its fairness and compliance with the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the court was whether the enterprise agreement was "registered" within the meaning of the Fair Work Act 2009. This involved an assessment of whether the agreement was made in good faith and whether it contained the required minimum terms and conditions as stipulated by the Act. Additionally, the court needed to ensure that the agreement was not detrimental to the employees and complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission deliberated on the submissions from both parties, considering the content of the enterprise agreement, the negotiation process, and the compliance with the statutory requirements. The Commission found that the agreement was made in good faith, contained the necessary minimum terms, and was not detrimental to the employees. The Commission also confirmed that the agreement complied with the Fair Work (Registered Organisations) Act 2009. Therefore, the Commission approved the Stowe Australia Pty Ltd - Wollongong and Nowra Enterprise Agreement 2016.

The final orders included the approval of the enterprise agreement, which was registered on the date of the decision. This ruling ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009, providing a clear framework for the terms and conditions of employment for the employees covered by the agreement.

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