Star Electrical Co Pty Ltd Summary

[2014] FWCA 3352

FAIR WORK COMMISSION

DECISION

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

Star Electrical Co Pty Ltd
(AG2014/5959)

STAR ELECTRICAL CO PTY LTD - CENTRAL COAST AND HUNTER REGION - ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MAY 2014

Application for approval of the Star Electrical Co Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 May 2014. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Co Pty Ltd, an employer in the electrical industry, applied to the Fair Work Commission for approval of its enterprise agreement with employees represented by the Electrical Trades Union of Australia. The union, representing electrical workers in the Central Coast and Hunter Region, sought to have the agreement approved. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement met the necessary criteria for approval, including whether it provided for minimum terms and conditions, facilitated efficient workplace relations, and was made in good faith.

The primary legal issues were whether the agreement was fairly negotiated in good faith, provided for minimum terms and conditions, and facilitated efficient workplace relations. The Commission examined the negotiation process, the terms of the agreement, and whether it was made without coercion, duress, or any other improper conduct. Additionally, the Commission considered if the agreement provided for minimum terms and conditions, including pay rates, hours of work, and other entitlements. The Commission also assessed whether the agreement would facilitate efficient workplace relations by providing for a fair and efficient means of resolving disputes.

The Fair Work Commission found that the agreement was fairly negotiated in good faith and met the requirements of the Fair Work Act. The Commission confirmed that the agreement provided for minimum terms and conditions and facilitated efficient workplace relations. The Commission was satisfied that the negotiation process was free from coercion, duress, or any other improper conduct, and that the agreement was made in good faith. The Commission also found that the agreement provided for minimum terms and conditions, including pay rates, hours of work, and other entitlements, and that it would facilitate efficient workplace relations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Star Electrical Co Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2014. The agreement was to be registered with the Fair Work Commission and would apply to employees of Star Electrical Co Pty Ltd in the Central Coast and Hunter Region from the date of registration. The Commission's decision was final and binding, and no further appeal was available.

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