DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Electrical Company Pty Ltd T/A Star Group of Companies
(AG2015/6617)

STAR ELECTRICAL CO PTY LTD WOLLONGONG ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015 (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 Company Pty Ltd T/A Star Group of Companies. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 17 November 2015 and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Electrical Company Pty Ltd, trading as the Star Group of Companies, applied for approval of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015. The dispute arose from disagreements between the company and its employees regarding terms and conditions of employment. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the court centred on whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. This included examining if the agreement was made in good faith, if it contained the minimum terms and conditions required by law, and if the process of making the agreement was fair and reasonable. Additionally, the court needed to consider the impact of the agreement on the employees' rights and protections under the Act.

The Fair Work Commission determined that the agreement was made in good faith and contained the minimum terms and conditions as required by law. The Commission also found that the process of making the agreement was fair and reasonable. The court considered the evidence presented by both parties, including the submissions and the views of the employees, in reaching its decision. The court concluded that the agreement was consistent with the objectives of the Fair Work Act 2009 and approved the application.

The Fair Work Commission approved the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015, thereby resolving the dispute between the company and its employees. The approval of the agreement ensures that the employees' terms and conditions of employment are governed by the provisions of the agreement, providing a clear framework for their working relationship with the company. This decision reinforces the importance of fair and reasonable processes in the creation of enterprise agreements.

Star Electrical Company Pty Ltd T/A Star Group of Companies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established