DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Co Pty Ltd T/A Star Electrical
(AG2017/3700)

STAR ELECTRICAL CO PTY LTD - CENTRAL COAST AND HUNTER REGION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Star Electrical Co Pty Ltd - Central Coast and Hunter Region Enterprise Agreement 2017.

[1] 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 2017 (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 T/A Star Electrical. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 29 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Star Electrical Co Pty Ltd, trading as Star Electrical, and its employees. The company sought approval for the Star Electrical Co Pty Ltd - Central Coast and Hunter Region Enterprise Agreement 2017. The central dispute related to whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the enterprise agreement provided for modern awards and if it contained the necessary provisions for employee protections. Key points of contention included the calculation of penalty rates and the definition of shift workers. The Commission needed to determine if the agreement was made in good faith, free from coercion and contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and was free from any issues of coercion. The Commission noted that the agreement contained adequate provisions for modern awards and employee protections, including the calculation of penalty rates and the definition of shift workers. The agreement also included provisions for dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The Commission's final orders included the approval of the Star Electrical Co Pty Ltd - Central Coast and Hunter Region Enterprise Agreement 2017, effective from the date of the decision. This ruling confirmed the agreement as a valid and binding contract between the company and its employees, subject to the terms and conditions outlined within the agreement.

Star Electrical Co Pty Ltd T/A Star Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established