DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co. Pty Ltd
(AG2017/3350)

STAR ELECTRICAL CO. PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 SEPTEMBER 2017

Application for approval of the Star Electrical Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 15 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Star Electrical Co. Pty Ltd for the approval of the Star Electrical Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The dispute arose from the negotiation and subsequent application for approval of the enterprise agreement which sought to regulate the terms and conditions of employment for employees of Star Electrical Co. Pty Ltd covered by the agreement.

The primary legal issues for the court to address were whether the enterprise agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly and genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act, and if it met the criteria for being a low-paid industry agreement. Additionally, the court examined if the agreement contained any terms that were contrary to public policy or which failed to comply with the Fair Work Regulations.

In considering these issues, the Fair Work Commission examined the evidence presented regarding the negotiation process, the content of the agreement, and the compliance with the statutory requirements. The Commission noted the absence of procedural irregularities in the negotiation process and found that the agreement had been genuinely negotiated. The Commission also concluded that the agreement complied with the substantive provisions of the Fair Work Act and did not contravene any public policy. Consequently, the Commission approved the enterprise agreement, finding that it met all necessary criteria for approval.

The Fair Work Commission approved the Star Electrical Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018, determining that it was fairly and genuinely negotiated, complied with the Fair Work Act, and did not contain terms contrary to public policy. The Commission's decision effectively resolves the application, allowing the enterprise agreement to come into effect as intended.

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