DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Blue Star Southern Pty Ltd
(AG2019/3078)

BLUE STAR SOUTHERN PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 1 OCTOBER 2019

Application for approval of the Blue Star Southern Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application (Form F16) has been filed by Blue Star Southern Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Blue Star Southern Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

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

[3] I note that there were two employee bargaining representatives for the Agreement both of whom filed with the Commission a Form F18A – Statutory Declaration confirming they support the approval of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Blue Star Southern Pty Ltd, an employer, sought approval of an enterprise agreement with its employees for the period 2019 to 2023. The employees, represented by a union, contested certain aspects of the proposed agreement, leading to a formal application for the agreement's approval. The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was "better off overall" for the employees, free from prohibited content, and appropriately certified.

The Commission examined the proposed agreement's provisions, focusing on the employees' conditions, including wages, hours, and other entitlements. The analysis required assessing if the agreement provided a net benefit to the employees, considering both direct and indirect effects. The Commission also considered the nature of the union's certification of the agreement, ensuring it was appropriately obtained and met the statutory standards. After careful deliberation, the Commission found that the proposed agreement complied with the legislative requirements. It was determined that the agreement was "better off overall" for the employees, contained no prohibited content, and was validly certified by the union.

Accordingly, the Commission approved the Blue Star Southern Pty Ltd Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was required to implement its terms in accordance with the Act. The decision confirmed the agreement's validity and authorised its enforcement between the employer and the employees covered by the agreement.

Blue Star Southern 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