DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co Pty Ltd
(AG2016/7684)

STAR ELECTRICAL CO PTY LTD – RAIL SIGNALLING ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 18 JANUARY 2017

Application for approval of the Star Electrical Co Pty Ltd - Rail Signalling Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd – Rail Signalling Enterprise Agreement 2016 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2017. The nominal expiry date of the Agreement is 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Star Electrical Co Pty Ltd, sought approval of the Rail Signalling Enterprise Agreement 2016 in the Fair Work Commission. The agreement, intended to regulate employment terms and conditions for its employees, was contested by the respondent, who raised concerns about various provisions. The case was heard by the Fair Work Commission, which had to determine the validity of the agreement in line with the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the procedural requirements of the Fair Work Act, and if it contained any unfair provisions that would render it invalid. The court had to assess if the agreement was genuinely negotiated, if it was free from any improper influences, and if it provided fair terms and conditions for the employees. Additionally, the court examined whether the agreement adequately addressed the rights and obligations of both the employer and the employees.

The Fair Work Commission found that the agreement had been negotiated in good faith and was free from any improper influence, thus satisfying the procedural requirements. The court also determined that the terms and conditions of the agreement were fair and did not unfairly disadvantage the employees. The respondent's objections to specific provisions were dismissed as the court found that these provisions were reasonable and necessary for the efficient operation of the enterprise. Consequently, the commission approved the agreement.

The Fair Work Commission ordered that the Rail Signalling Enterprise Agreement 2016 be approved and registered. The agreement was to take effect from the date of the commission's decision, providing a legally binding framework for the employment relationship between Star Electrical Co Pty Ltd and its employees.

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