DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Ltd t/a Stowe Australia, Canberra Division
(AG2016/3123)

STOWE AUSTRALIA PTY LTD - CANBERRA DIVISION SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Stowe Australia Pty Ltd - Canberra Division Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Ltd – Canberra Division Single 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 t/a Stowe Australia, Canberra Division. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of a single enterprise agreement between Stowe Australia Pty Ltd t/a Stowe Australia, Canberra Division and its employees. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal. The primary issue for determination was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the process by which the agreement was negotiated and the outcomes for the employees.

The Fair Work Commission examined the evidence and submissions provided by both parties. The key legal considerations included the procedural fairness of the negotiation process, the fairness of the terms and conditions set out in the agreement, and the extent to which the agreement complied with the statutory requirements. The Commission assessed whether there was sufficient evidence of genuine agreement and whether the agreement provided for the protection of employees' rights and interests. The Commission also considered whether the agreement met the "better off overall test", which requires that employees be no worse off financially under the new agreement than they were under the previous one.

After reviewing the submissions and evidence, the Fair Work Commission found that the negotiation process was procedurally fair and that the agreement was genuine. The Commission concluded that the agreement was in the best interests of the employees and met the better off overall test. Consequently, the Commission approved the Stowe Australia Pty Ltd t/a Stowe Australia, Canberra Division Single Enterprise Agreement 2016, subject to certain conditions and requirements to ensure ongoing compliance with the Fair Work Act and Regulations. This decision ensures that the employees are covered by a fair and legally compliant enterprise agreement.

Stowe Australia Pty Ltd t/a Stowe Australia, Canberra Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established