Star Electrical Co Pty Ltd

Case [2023] FWCA 1708
[2023] FWCA 1708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Star Electrical Co Pty Ltd

(AG2023/1721)

APPLICATION FOR APPROVAL OF THE STAR ELECTRICAL CO PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry

COMMISSIONER JOHNS

MELBOURNE, 13 JUNE 2023

Application for approval of the Star Electrical Co Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the STAR ELECTRICAL CO PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (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. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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) of the Act, I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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<AE520325  PR763013>

Details
AGLC
Star Electrical Co Pty Ltd [2023] FWCA 1708
Case
[2023] FWCA 1708
Decision Date

CaseChat Overview and Summary

The Star Electrical Co Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the ETU NSW/ACT Construction Union. The applicants sought to establish terms and conditions of employment for their employees under the proposed agreement. The Fair Work Commission presided over the application.

The central legal issues for the court to consider were whether the agreement provided for a fair and reasonable level of employee protections, and if the agreement had been made in good faith and through proper processes. The court was required to examine the agreement's provisions, ensuring they complied with the Fair Work Act 2009, and that the agreement was fair and reasonable in all its aspects.

The Fair Work Commission examined the agreement's provisions and found them to be fair and reasonable. The Commission was satisfied that the agreement was made in good faith and followed proper processes. The Commission took into account the need for flexibility in the workplace and the potential benefits of the agreement for both parties. Having found the agreement to be fair and reasonable, the Commission approved the Star Electrical Co Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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