Star Electrical Company Pty Ltd

Case [2013] FWCA 4801


[2013] FWCA 4801

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

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

Star Electrical Company Pty Ltd
(AG2013/7108)

STAR ELECTRICAL COMPANY PTY LTD, COMMSTAR - SYDNEY SERVICE - ENTERPRISE AGREEMENT 2013

Electrical contracting industry

COMMISSIONER RIORDAN

SYDNEY, 18 JULY 2013

Application for approval of the Star Electrical Company Pty Ltd, Commstar - Sydney Service - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Star Electrical Company Pty Ltd, Commstar - Sydney Service - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Star Electrical Company Pty Ltd(the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

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Details
AGLC
Star Electrical Company Pty Ltd [2013] FWCA 4801
Case
[2013] FWCA 4801
Decision Date

CaseChat Overview and Summary

Star Electrical Company Pty Ltd applied to the Fair Work Commission for approval of the Star Electrical Company Pty Ltd, Commstar - Sydney Service - Enterprise Agreement 2013. The applicant sought approval under section 186 of the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions and that its approval was necessary for the resolution of a dispute in relation to the agreement. The applicant also argued that the agreement would provide for the fair and efficient resolution of workplace disputes.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions and whether its approval was necessary for the resolution of a dispute in relation to the agreement. The Commission also considered whether the agreement would provide for the fair and efficient resolution of workplace disputes. The Commission found that the agreement did provide for fair and reasonable terms and conditions and that its approval was necessary for the resolution of a dispute in relation to the agreement. The Commission also found that the agreement would provide for the fair and efficient resolution of workplace disputes.

Accordingly, the Fair Work Commission approved the Star Electrical Company Pty Ltd, Commstar - Sydney Service - Enterprise Agreement 2013. The Commission made an order under section 186(1) of the Fair Work Act 2009 that the agreement be approved.

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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