Star Electrical Co Pty Ltd Summary

[2016] FWCA 839

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Star Electrical Co Pty Ltd T/A Star Group of Companies

(AG2015/7884)

STAR ELECTRICAL CO PTY LTD SYDNEY CONSTRUCTION UNION

ENTERPRISE AGREEMENT 2015

Electrical contracting industry

COMMISSIONER ROE

SYDNEY, 9 FEBRUARY 2016

Application for approval of the Star Electrical Co Pty Ltd Sydney Construction Union

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Star Electrical Co Pty Ltd Sydney Construction Union Enterprise Agreement 2015 (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 T/A Star Group of Companies. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[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.
[2016] FWCA 839

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will

operate from 16 February 2016. The nominal expiry date of the Agreement is 30 November

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Co Pty Ltd, trading as Star Group of Companies, sought approval for the Star Electrical Co Pty Ltd Sydney Construction Union Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The applicant, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, aimed to have the agreement approved and implemented. The Commissioner, Roe, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues for the Commissioner to decide were whether the agreement complied with sections 186, 187, and 188 of the Fair Work Act. Section 186 mandates that the agreement cover all employees, or if it covers only some, it must be shown that the group of employees was fairly chosen. Additionally, the Commissioner needed to ascertain if the agreement was properly presented to the relevant union, as per sections 183 and 201 of the Act.

The Commissioner concluded that the agreement did not cover all employees but was satisfied, considering the factors under section 186(3) and (3A), that the group of employees included was fairly chosen. The union had notified its intent to be covered by the agreement under section 183, and the Commissioner confirmed that the agreement indeed covered the union as per section 201(2). Consequently, the Commissioner approved the agreement, which will come into effect on 16 February 2016 and expire on 30 November 2018.

Star Electrical Co Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established