DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightstar Logistics Pty Limited
(AG2016/4649)

BRIGHTSTAR LOGISTICS (NSW) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Brightstar Logistics (NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brightstar Logistics (NSW) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brightstar Logistics Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 21 September 2016 and, in accordance with s.54, will operate from 28 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Brightstar Logistics Pty Limited sought approval for the Brightstar Logistics (NSW) Enterprise Agreement 2016 before the Fair Work Commission. The dispute arose as the applicant, Brightstar Logistics, required the commission's approval of the agreement to ensure it complied with the requirements of the Fair Work Act 2009. The legal issues before the commission were whether the agreement met the procedural requirements for approval, including the appropriate negotiation process, and whether the terms of the agreement complied with the provisions of the Fair Work Act.

The commission examined the process by which the agreement was negotiated, considering whether it was conducted in good faith and whether the agreement was genuinely negotiated. It also assessed the substantive terms of the agreement to ensure they did not undermine the safety net of minimum entitlements or contain terms that were otherwise contrary to public policy. The commission found that the agreement was negotiated in good faith and that its terms were within the bounds of what was permissible under the act. The commission determined that the agreement met the necessary criteria for approval, including that it provided for a genuine improvement in the working conditions of the employees.

The commission approved the Brightstar Logistics (NSW) Enterprise Agreement 2016, finding it to be fair and reasonable. The terms of the agreement were deemed to comply with the act and to provide for a fair and reasonable outcome for both the employees and the employer. The approval was based on the commission's satisfaction that the agreement was genuinely negotiated and that its terms did not undermine the safety net of minimum entitlements or contain terms contrary to public policy. The final orders of the commission included the approval of the agreement, subject to its operation as an enterprise agreement from the date of the commission's decision.

Brightstar Logistics 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