Brightstar Logistics Pty Ltd

[2013] FWCA 4938

FAIR WORK COMMISSION

DECISION

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

Brightstar Logistics Pty Ltd
(AG2013/6690)

BRIGHTSTAR AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2013

Application for approval of the Brightstar Australia (NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Brightstar Australia (NSW) Enterprise Agreement 2013 (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 Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Brightstar Logistics Pty Ltd, represented by its director, brought an application seeking the approval of the Brightstar Australia (NSW) Enterprise Agreement 2013. The respondents included several unions and trade union officials, who opposed the application on various grounds. The primary dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it adequately provided for the employees' rights and protections.

The legal issues before the Commission involved assessing the agreement's compliance with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for 'simplicity, clarity and accessibility', as required by section 229 of the Act. The respondents argued that the agreement failed to adequately address several key employment conditions, such as overtime, penalty rates, and shift differentials, and thus did not provide fair and reasonable terms for the employees.

The Commission meticulously reviewed the agreement, considering the submissions from both parties. It found that while the agreement was largely clear and accessible, it did contain some provisions that were not sufficiently explicit. However, the Commission determined that the agreement, as a whole, did provide for fair and reasonable terms and conditions of employment. The Commission approved the enterprise agreement, noting that any disputes regarding specific provisions could be resolved through the enterprise bargaining process.

The Fair Work Commission approved the Brightstar Australia (NSW) Enterprise Agreement 2013, subject to the conditions outlined in the decision. The approval was contingent upon the parties utilising the enterprise bargaining process to address any further disputes or ambiguities in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established