DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co Pty Ltd
(AG2019/3822)

STAR ELECTRICAL CO PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 21 OCTOBER 2019

Application for approval of the Star Electrical Co Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Star Electrical Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Electrical Trades Union of Australia (ETUA) and Star Electrical Co Pty Ltd applied for the approval of the Star Electrical Co Pty Ltd and ETU Sydney Construction Enterprise Agreement 2019. The application was brought under section 233 of the Fair Work Act 2009. The ETUA sought to have the agreement registered as a registered agreement under the Act, with the aim of providing a fair and efficient system of workplace relations. The applicant employer argued that the proposed agreement contained provisions that were not consistent with the Act.

The central legal issue before the Commission was whether the proposed agreement was consistent with the Act. Specifically, the Commission needed to determine if certain provisions regarding penalty rates and casual loading were consistent with the Act. The employer argued that certain provisions related to penalty rates and casual loading were not consistent with the Act. The ETUA argued that the provisions were consistent with the Act and represented a fair and reasonable outcome for employees.

The Commission found that the provisions regarding penalty rates and casual loading were not consistent with the Act. The Commission noted that the provisions provided for a significant reduction in penalty rates for certain employees, which was not consistent with the Act. The Commission also found that the provisions regarding casual loading were not consistent with the Act as they did not provide for the correct amount of casual loading for certain employees. As a result, the Commission refused to approve the proposed agreement. The Commission found that the proposed agreement contained provisions that were not consistent with the Act and therefore could not be approved.

Star Electrical Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established