DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co Pty Ltd
(AG2018/1568)

STAR ELECTRICAL CO PTY LTD WOLLONGONG ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd Wollongong 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 Star Electrical Co Pty Ltd. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Electrical Co Pty Ltd applied to the Fair Work Commission for approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2019. The applicant is an employer, and the respondent is a trade union representing employees within the Wollongong area. The dispute centred around the terms and conditions of employment outlined in the proposed agreement.

The legal issues before the court were whether the agreement met the procedural requirements under the Fair Work Act 2009 and whether it complied with the substantive fairness test. The court had to determine if the agreement was genuinely negotiated, and if it provided for minimum entitlements as outlined in the Act. Additionally, the court examined whether the agreement was free from any illegality or unfairness.

The Fair Work Commission found that the agreement was genuinely negotiated and satisfied the procedural requirements. The court noted that the agreement provided for minimum entitlements and was not contrary to public policy. The Commission also concluded that the agreement was not unfair. The Commission approved the agreement on the basis that it met the criteria set out in the Fair Work Act.

The Fair Work Commission approved the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2019, subject to the conditions outlined in the decision. The agreement was deemed to be a valid and enforceable enterprise agreement under the Fair Work Act.

Star Electrical Co 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