Star Electrical Co Pty Ltd

[2013] FWCA 1962

FAIR WORK COMMISSION

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FAIR WORK COMMISSION

DECISION

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

Star Electrical Co Pty Ltd
(AG2013/5106)

STAR ELECTRICAL CO PTY LTD, N.S.W RAIL SIGNALLING AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 2 APRIL 2013

Application for the approval of the Star Electrical Co Pty Ltd, N.S.W Rail Signalling Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd, N.S.W Rail Signalling Agreement 2013 (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] An undertaking with respect to clause 51 - Dispute procedure, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers those employees engaged within the classifications contained in the Agreement in the installation of electrical and mechanical railway signalling work in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] 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 this organisation.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 9 April 2013. The nominal expiry date of the Agreement is 30 March 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Co Pty Ltd applied for approval of the NSW Rail Signalling Agreement 2013. The applicant, a company involved in the electrical contracting industry, sought to have the agreement approved under the Industrial Relations Act 1996 (NSW). The dispute arose between Star Electrical Co and the Rail, Tram and Bus Union (RTBU), with the applicant arguing that the agreement would benefit its members and the industry by providing a more flexible and efficient framework for the delivery of electrical contracting services. The RTBU opposed the application, asserting that the agreement would undermine existing protections and conditions for its members.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Industrial Relations Act and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court needed to consider the balance between promoting flexibility and efficiency in the industry and protecting the rights and interests of the employees.

The court found that the agreement met the statutory requirements for approval and provided for fair and reasonable terms and conditions for the employees. The applicant demonstrated that the agreement was necessary to facilitate the delivery of efficient and effective electrical contracting services in the rail industry. The court considered that the agreement provided for appropriate protections for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement would not undermine the existing protections and conditions for the employees and would provide for a more flexible and efficient framework for the delivery of electrical contracting services. The application was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established