Blue Star Atlantic Pty Ltd

[2013] FWCA 5523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Atlantic Pty Ltd
(AG2013/7395)

BLUE STAR ATLANTIC PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 9 AUGUST 2013

Application for approval of the Blue Star Atlantic Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star Atlantic Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Star Atlantic Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

16 August 2013. The nominal expiry date of the Agreement is four years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Blue Star Atlantic Pty Ltd, and the dispute centred on the application for approval of the Blue Star Atlantic Pty Ltd Enterprise Agreement 2013-2017. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for approval as prescribed by the Act, including compliance with procedural requirements and fairness standards. Specifically, the Commission had to determine if the agreement had been made in good faith and whether it included appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission found that the agreement was procedurally sound, with proper notice and consultation processes undertaken. The Commission was satisfied that the agreement was made in good faith and contained provisions that were fair and reasonable. The Commission noted the inclusion of mechanisms for employee representation and dispute resolution, which were deemed adequate for the purposes of the Act. Consequently, the application for approval was granted.

The Commission's final order was to approve the Blue Star Atlantic Pty Ltd Enterprise Agreement 2013-2017, recognising it as a lawful and binding agreement between the employer and the employees. This decision confirmed the agreement's validity and its applicability to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established