DECISION

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

Stowe Australia Pty Ltd T/A Stowe
(AG2017/1541)

STOWE AUSTRALIA PTY LTD - WOLLONGONG AND NOWRA ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 JUNE 2017

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

[1] On 2 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 - Wollongong and Nowra Enterprise Agreement 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 was the applicant in a Fair Work Commission case, seeking a variation to the Wollongong and Nowra Enterprise Agreement 2016. The application was opposed by the Union of Employees, which represented the workers. The dispute centred on the terms and conditions of employment for certain employees, specifically concerning issues such as leave entitlements, penalty rates, and the classification of employees.

The primary legal issues the court had to address were whether the proposed changes to the enterprise agreement were reasonable and fair, and if the application met the criteria for variation as outlined in the Fair Work Act 2009. The court had to balance the rights and interests of both the employer and the employees, considering factors such as the impact on employees' conditions, the fairness of the proposed changes, and the need for flexibility in the workplace.

The Fair Work Commission found that the proposed changes to the enterprise agreement were reasonable and fair. The court concluded that the changes were necessary to ensure the ongoing viability of the business, and that the new terms were not detrimental to the employees. The court highlighted the importance of flexibility in the workplace and recognised the need for the employer to adapt to changing business conditions. The application for variation was approved, and the amended agreement was registered.

The final orders included the registration of the amended Wollongong and Nowra Enterprise Agreement 2016, incorporating the variations proposed by Stowe Australia Pty Ltd T/A Stowe. The changes, which included modifications to leave entitlements, penalty rates, and employee classifications, were deemed to be in the best interests of both the employer and the employees. The Union of Employees' opposition to the application was unsuccessful, and the court's decision was upheld.

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