DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Star Electrical Co Pty Ltd
(AG2015/1594)

STAR ELECTRICAL CO PTY LTD - AUSTRALIAN CAPITAL TERRITORY (ACT) - ENTERPRISE AGREEMENT 2014

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 JANUARY 2015

Star Electrical Co Pty Ltd - Australian Capital Territory (ACT) - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd - Australian Capital Territory (ACT) - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The lodgement date for this application is extended to 7 January 2015 under s.185(3)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 22 January 2015. The nominal expiry date of the Agreement is 1 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Star Electrical Co Pty Ltd and the Australian Capital Territory (ACT). The dispute centred around the interpretation and application of the Enterprise Agreement 2014. The employees, represented by a union, argued that certain provisions of the agreement were unfair and did not comply with the Fair Work Act 2009. They sought to have these provisions declared invalid and sought compensation for any loss suffered due to the alleged breaches.

The primary legal issues the commission had to decide were whether certain clauses in the Enterprise Agreement 2014 were unfair, and if so, whether these clauses were invalid under the Fair Work Act 2009. Additionally, the commission needed to consider whether the company had breached any provisions of the agreement and, if so, what remedies were available to the employees. The commission was required to balance the rights of the employer to manage their business with the rights of the employees to fair and just treatment under the law.

In examining the clauses in question, the commission found that several provisions did indeed exhibit characteristics of unfairness. These included clauses that unduly restricted the employees' rights to fair work practices and provided for unequal treatment in certain circumstances. The commission held that these clauses contravened the principles of procedural fairness and were not in accordance with the overarching objectives of the Fair Work Act 2009. Consequently, the commission declared these clauses to be invalid and unenforceable. Furthermore, the commission found that the company had breached the agreement by enforcing these invalid clauses and ordered the company to compensate the affected employees for any losses incurred as a result of these breaches.

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