DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Labour Services Pty Ltd T/A Star Labour Services Pty Ltd
(AG2019/3272)

STAR LABOUR SERVICES (BRISBANE METROPOLITAN, GOLD COAST AND SUNSHINE COAST) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 2 OCTOBER 2019

Application for approval of the Star Labour Services (Brisbane Metropolitan, Gold Coast and Sunshine Coast) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Star Labour Services (Brisbane Metropolitan, Gold Coast and Sunshine Coast) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Labour Services Pty Ltd T/A Star Labour Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 September 2019.

[3] On 20 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 September 2019. The undertaking deals with the following topics:

• Clause 13.2(c) as no effect, instead employees are required to give notice of a personal/carer’s leave absence to the Company as soon as practicable (which may be a time after the leave has started), and must advise the Company of the period or expected period of leave.

• The meal allowance in clause 8.5 of the Agreement will be increased to $15.38.

• When an employee is required to work overtime after the usual finishing time of the day or shift for two hours or more, the employee will be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after such finishing time and thereafter, after each four hours of continuous work (also without deduction of pay), a crib time of 30 minutes in duration. In the event of an employee remaining at work after the usual finishing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

• If an employee covered by the Agreement would otherwise be entitled to a Tool Allowance under the Building and Construction General On-Site Award 2010, then the employee will be provided with that Tool Allowance.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Star Labour Services Pty Ltd, trading as Star Labour Services Pty Ltd, applied for approval of their Enterprise Agreement 2018, which covers the Brisbane Metropolitan, Gold Coast, and Sunshine Coast regions. The applicant, a labour hire company, sought to have the agreement approved under the Fair Work Act 2009. The application was made against the backdrop of the company's operations, which involve providing labour hire services in various sectors.

The primary legal issue before the Commission was whether the Enterprise Agreement 2018 complied with the relevant provisions of the Fair Work Act 2009, including meeting the "better off overall test" and ensuring it was free from any illegal content. The Commission also needed to consider whether the agreement was made in good faith and whether it included appropriate mechanisms for dispute resolution. Additionally, the Commission had to ensure that the agreement did not adversely affect employees' health and safety.

After reviewing the submissions and evidence presented by both parties, the Commission found that the Enterprise Agreement 2018 met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, was free from illegal content, and satisfied the better off overall test. The Commission also concluded that the agreement included appropriate dispute resolution mechanisms and did not negatively impact employees' health and safety. Therefore, the Commission approved the Enterprise Agreement 2018.

Star Labour Services Pty Ltd T/A Star Labour Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established