DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightstar Australia Pty Limited
(AG2019/2002)

BRIGHTSTAR LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BISSETT	MELBOURNE, 21 AUGUST 2019

Application for approval of the Brightstar Logistics Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brightstar Logistics Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brightstar Australia Pty Limited. The Agreement is a single enterprise agreement.

[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 Notice of Employee Representational Rights (NERR) sent to employees contains non-prescribed content. This is content that is not prescribed by the Fair Work Regulations 2009 and therefore contravenes s.174(1A) of the Act. However, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[4] The National Union of Workers 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 28 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

CaseChat Overview and Summary

Brightstar Australia Pty Limited, the applicant, sought approval of the Brightstar Logistics Pty Limited Enterprise Agreement 2019 from the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for certain employees of Brightstar Australia. The dispute involved the procedural fairness of the approval process, specifically regarding the consideration of the agreement by the Commission.

The key legal issues centred on whether the Commission had properly exercised its discretion in considering the agreement. The applicant argued that procedural errors had occurred during the review process, potentially affecting the fairness and validity of the approval. The central question was whether the Commission had adhered to the necessary legal standards in evaluating the agreement.

The Fair Work Commission reviewed the procedural aspects of its consideration of the agreement, determining that there had been no procedural errors that undermined the fairness of the process. The Commission found that it had appropriately exercised its discretion and that the agreement met the requirements for approval. Consequently, the Commission upheld the validity of the Brightstar Logistics Pty Limited Enterprise Agreement 2019.

Brightstar Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established