DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Pacific Pty Ltd
(AG2017/5388)

BLUE STAR PACIFIC PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (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 Pacific Pty Ltd. 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.

[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 19 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Blue Star Pacific Pty Ltd sought approval for the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The dispute centred around the terms and conditions of employment for employees within the Electrical Division of Blue Star Pacific Pty Ltd, as negotiated with the CEPU union. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was genuinely a product of negotiations between the employer and the union, and whether it satisfied the requirements for a "single, clear and comprehensive" document. Additionally, the Commission had to consider whether the agreement provided for the lawful payment of wages and conditions for employees, and whether it complied with the minimum standards set by the National Employment Standards and the Fair Work Act.

The Commission found that the agreement was indeed the result of genuine negotiations between the employer and the union, and that it was a single, clear and comprehensive document. The terms of the agreement were deemed to comply with the legal requirements, including the provision of lawful wages and conditions. The Commission concluded that the agreement met the necessary criteria for approval and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

In summary, the Commission approved the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, finding it to be a product of genuine negotiations, compliant with legal standards, and meeting all necessary criteria for approval.

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