Star Electrical Co Pty Ltd
[2025] FWCA 3067
•10 SEPTEMBER 2025
| [2025] FWCA 3067 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Star Electrical Co Pty Ltd
(AG2025/2701)
STAR ELECTRICAL CO PTY LTD - AUSTRALIAN CAPITAL TERRITORY (ACT) ENTERPRISE AGREEMENT 2025-2027
| Electrical contracting industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 10 SEPTEMBER 2025 |
Application for approval of the Star Electrical Co Pty Ltd - Australian Capital Territory (ACT) Enterprise Agreement 2025-2027
Introduction
Star Electrical Co Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd - Australian Capital Territory (ACT) Enterprise Agreement 2025-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 January 2025 and the Agreement was made on 30 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Notice of Employee Representational Rights (NERR)
The NERR lodged with the Commission was the previous version of the NERR, raising the issue that the NERR is not in its prescribed form as required by ss 174(1A) of the Act. The Employer provided submissions that this matter constituted a minor technical error.
The NERR contained a different agreement title to the final agreement, being the ‘Star Electrical Co Pty Ltd & ETU – Australian Capital Territory (ACT) Agreement 2024’. The Employer provided submissions that this matter was not an error within the meaning of ss 173 or 188 of the Act, or alternatively, constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
National Employment Standards (NES) Precedence Term
Clause 43f) of the Agreement provides ‘if an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice’.
Clause 44 of the Agreement sets out circumstances where an employee is deemed to have abandoned their employment but does not specify that an employee is entitled to payment of notice of termination in accordance with ss117-123 of the Act.
Clause 23 of the Agreement provides for compassionate leave, but does not extend the entitlement to when a child is stillborn where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child had been born alive; or when the employee, their spouse, or de facto partner has a miscarriage.
These issues may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 11b) of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Delegates’ Rights Term
The Agreement contains a “Union Delegates/Activities & Rights” in clause 9 of Schedule G. This clause is drafted differently to the model delegates’ rights term in the Electrical, Electronic and Communications Award (the Award). This clause would only operate in specific circumstances where the employer is involved in certain projects in the Australian Capital Territory, and omits some entitlements under clause 26.A of the Award. The clause also contains some more beneficial terms than the delegates rights term in clause 26.A of the Award. Having considered these issues I have determined, pursuant to s.205A(2) of the Act, that the workplace delegates’ rights term from the Award is taken to be a term of the Agreement.
Section 190 Undertakings
The employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.
Section 183 Bargaining Representatives
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allies Services Union of Australia (CEPU) 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 CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2025. The nominal expiry date of the Agreement is 31 March 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] [2019] FWCFB 318.
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