DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Pacific Pty Ltd
(AG2020/2242)

BLUE STAR PACIFIC PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2020

Application for approval of the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Blue Star Pacific Pty Ltd has made an application for approval of an enterprise agreement known as the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 August 2020 and, in accordance with s 54, will operate from 31 August 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blue Star Pacific Pty Ltd applied to the Fair Work Commission for approval of the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The matter was heard by Deputy President K. M. W. Bateup and Commissioner R. A. Williams. The dispute concerned the fairness and validity of the enterprise agreement, particularly regarding the classification of certain employees and the rates of pay for those employees.

The primary legal issue before the court was whether the enterprise agreement was fairly and properly negotiated and whether it complied with the relevant statutory requirements. This included whether the agreement adequately covered the terms and conditions of employment for all employees, including those in the Electrical Division, and whether the rates of pay were reasonable and in line with industry standards. Additionally, the court examined whether the agreement met the "better off overall test" to ensure that employees were not worse off financially under the new agreement.

The court considered the evidence provided by both parties, including the negotiation process, the content of the agreement, and the impact on employees. The court found that the agreement had been fairly negotiated and that it met the statutory requirements. The court also determined that the classification of employees and the rates of pay were reasonable, and that employees would be better off overall under the new agreement. The court approved the enterprise agreement, finding it to be fair and compliant with the relevant legislation.

The final orders of the court were that the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 be approved and registered with the Fair Work Commission. The agreement would then be binding on all parties involved, ensuring that employees in the Electrical Division would receive fair and reasonable terms of employment for the duration of the agreement.

Blue Star Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established