Star Electrical Co Pty Ltd Summary

[2022] FWCA 2024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Star Electrical Co Pty Ltd

(AG2022/1786)

Star Electrical Co Pty Ltd – Central Coast and Hunter Region Enterprise Agreement 2021

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 20 JUNE 2022

Application for approval of the Star Electrical Co Pty Ltd- Central Coast and Hunter Region Enterprise Agreement 2021

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 2021 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Co Pty Ltd, an electrical contracting company, sought approval for its Enterprise Agreement 2021 with employees represented by the Electrical Trades Union. The application for approval was heard in the Fair Work Commission. The dispute centred on whether the agreement contained all necessary terms, was genuinely an agreement between the parties, and complied with relevant legislative requirements.

The legal issues before the Commission involved verifying if the agreement met the criteria set out in the Fair Work Act 2009. This included ensuring the agreement had been fairly negotiated, contained mandatory terms, and did not discriminate against any employee. The Commission needed to assess the fairness of the agreement in terms of its content, negotiation process, and compliance with statutory obligations.

The Commission found that the agreement was fairly negotiated and contained all required terms. The evidence demonstrated that the agreement was genuinely an enterprise agreement, meeting the criteria for approval. The Commission also determined that the agreement did not contain any discriminatory provisions and complied with all relevant legislative requirements. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement between Star Electrical Co Pty Ltd and its employees.

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