DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Pacific Pty Ltd
(AG2019/4964)

BLUE STAR PACIFIC PTY LTD (TASMANIA DIVISION) ENTERPRISE AGREEMENT 2019 – 2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 23 JANUARY 2020

Application for approval of the Blue Star Pacific Pty Ltd (Tasmania Division) Enterprise Agreement 2019 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star Pacific Pty Ltd (Tasmania Division) Enterprise Agreement 2019 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Blue Star Pacific Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Blue Star Pacific Pty Ltd, sought approval of an enterprise agreement for its Tasmania division. The respondents were various unions representing the employees, who opposed the application on various grounds. The matter was heard in the Fair Work Commission (FWC). The legal issues before the FWC were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions. Specifically, the unions argued that the proposed agreement did not appropriately address issues such as penalty rates, shift loadings, and the inclusion of certain employees within the agreement.

The FWC assessed the application by examining the provisions of the proposed agreement against the criteria set out in the Fair Work Act. The commission considered whether the agreement was genuinely negotiated and if it provided for the fair and reasonable terms and conditions of employment. The FWC found that while some aspects of the agreement raised concerns, particularly regarding the reduction of penalty rates and shift loadings, the overall agreement was not so deficient as to warrant refusal of approval. The commission concluded that the parties had genuinely negotiated the agreement, and it contained provisions that were fair and reasonable.

In light of the findings, the FWC approved the enterprise agreement subject to certain conditions. These conditions included the requirement for the applicant to provide specific information to employees and ensure that certain provisions were implemented in accordance with the agreement. The unions were also granted the right to apply for a review of the agreement within a specified period. The decision underscores the importance of balancing the rights of employers and employees while ensuring that enterprise agreements meet statutory requirements and provide for fair and reasonable terms and conditions.

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