DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co Pty Ltd
(AG2017/2401)

STAR ELECTRICAL CO PTY LTD SYDNEY SERVICE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 3 AUGUST 2017

Application for approval of the Star Electrical Co Pty Ltd Sydney Service Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd Sydney Service Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2017. The nominal expiry date of the Agreement is 2 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Star Electrical Co Pty Ltd and the electrical trade union. The applicant, Star Electrical Co Pty Ltd, sought approval for the Sydney Service Enterprise Agreement 2017. The union contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved and registered, considering various aspects such as employee representation, procedural fairness, and compliance with the Act.

The legal issues at hand centred on the compliance of the agreement with the Fair Work Act 2009. Key considerations included whether the agreement was genuinely negotiated between the parties, whether the agreement met the requirements for procedural fairness, and if it contained provisions that were consistent with the objectives of the Act, including ensuring fair and reasonable terms and conditions of employment. The Commission also had to assess whether the agreement adequately protected employees’ rights and interests.

The Commission examined the negotiation process, finding that the agreement was genuinely negotiated between the parties, and that the union had appropriately represented the employees. The Commission further considered the procedural fairness of the negotiation process and concluded that the union had acted within its rights to represent the employees. Regarding the substantive provisions of the agreement, the Commission found that while some provisions were not ideal, they were not so adverse as to render the agreement unfair or unreasonable. The Commission concluded that the agreement met the necessary standards for approval and registration under the Fair Work Act 2009.

The Fair Work Commission approved the Sydney Service Enterprise Agreement 2017 and ordered its registration. The decision was based on the finding that the agreement was genuinely negotiated, met procedural fairness requirements, and contained provisions consistent with the objectives of the Fair Work Act 2009. The union's objections were largely dismissed, and the agreement was registered, effective from the date of the decision.

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