Star Electrical Co Pty Ltd

[2024] FWCA 1859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Star Electrical Co Pty Ltd

(AG2024/348)

STAR ELECTRICAL CO PTY LTD WOLLONGONG ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 21 MAY 2024

Application for approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2023.

Star Electrical Co Pty Ltd (the Employer) has made an application for the approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2024. The nominal expiry date of the Agreement is 21 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Electrical Co Pty Ltd applied to the Fair Work Commission for approval of their Wollongong Enterprise Agreement 2023. The application involved several employees of the company, who were represented by a union. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, if it contained any provisions that were contrary to public policy, and whether it was made in good faith. Additionally, the court needed to assess whether the agreement adequately protected the rights of employees and if it complied with the procedural requirements for the approval of enterprise agreements.

The Fair Work Commission found that the agreement was fair and reasonable, with no provisions that were contrary to public policy. The court determined that the agreement had been made in good faith and that it adequately protected the rights of employees. Furthermore, the commission confirmed that the agreement complied with the procedural requirements for approval under the Fair Work Act. As a result, the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2023 was approved by the commission.

The Fair Work Commission ordered that the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2023 be approved and registered, effective from the date of the decision. The decision was made under section 232 of the Fair Work Act 2009, and the agreement was to be published in the Register of Approved Enterprise Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established