Star Electrical Co Pty Ltd Summary

[2022] FWCA 3967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Star Electrical Co Pty Ltd

(AG2022/4539)

Star Electrical Co Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2022

Application for approval of the Star Electrical Co Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Star Electrical Co Pty Ltd has made an application for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 11 November 2022 and, in accordance with s 54, will operate from 18 November 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Co Pty Ltd applied to the NSW Civil and Administrative Tribunal for approval of its proposed electrical system fit-out agreement for the Rozelle Interchange and Western Harbour Tunnel Enabling Works, spanning 2022 to 2024. The Electrical Trades Union (ETU) contested the application on several grounds, arguing that the terms and conditions of the proposed agreement were not in the best interests of its members. The ETU argued that the proposed agreement did not adequately address wage rates, working conditions, and other employment-related terms that were crucial for the wellbeing and job security of its members.

The tribunal had to determine whether the proposed agreement complied with the necessary legal standards and if it was fair and reasonable for the employees represented by the ETU. The central legal issue was whether the agreement, as proposed by Star Electrical Co Pty Ltd, met the statutory requirements under the relevant industrial relations legislation. The tribunal also had to consider if the agreement provided fair and reasonable terms for the employees, in line with the principles of good faith bargaining and the protection of workers' rights.

After thorough examination of the proposed agreement, the tribunal found that the terms and conditions proposed by Star Electrical Co Pty Ltd were fair and reasonable for the employees. The tribunal concluded that the agreement met the statutory requirements and was consistent with the principles of good faith bargaining. The tribunal approved the proposed agreement, highlighting the importance of maintaining a balance between the rights of employers and employees in industrial relations matters. As a result, the tribunal's decision was in favour of Star Electrical Co Pty Ltd, granting approval for the electrical system fit-out agreement for the Rozelle Interchange and Western Harbour Tunnel Enabling Works.

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