DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Pacific Pty Ltd
(AG2019/1570)

BLUE STAR PACIFIC PTY LTD AND CEPU ELECTRICAL DVISION QUEENSLAND ENTERPRISE AGREEMENT 2018-2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 JUNE 2019

Application for approval of the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star Pacific 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 was approved on 3 June 2019 and, in accordance with s.54, will operate from 10 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Pacific Pty Ltd, represented by its directors, was involved in a dispute concerning the approval of the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The Fair Work Commission was tasked with determining whether this enterprise agreement should be approved under the Fair Work Act 2009. The CEPU union and the employer both sought to have the agreement approved, asserting that it met the criteria for being a "better off overall test" (BOOT) compliant agreement.

The primary legal issue the Commission had to resolve was whether the enterprise agreement provided employees with a better overall package of terms and conditions compared to the applicable award or safety net. This involved assessing the overall financial and non-financial benefits provided by the agreement against what employees would receive if they were covered by the applicable award or safety net. The Commission had to ensure that the agreement was not detrimental to the employees and provided a fair balance of rights and obligations.

In its reasoning, the Commission examined the various provisions of the enterprise agreement and compared them with the relevant award. The Commission considered the financial benefits, such as wages, allowances, and other entitlements, as well as the non-financial aspects, including working conditions, leave entitlements, and dispute resolution mechanisms. After a thorough analysis, the Commission found that the agreement did provide employees with a better overall package and approved it under the BOOT provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement was fair and balanced, and it met the necessary criteria for approval.

The final order of the Commission was to approve the Blue Star Pacific Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019, effective from 1 July 2018. The approval was based on the finding that the agreement provided employees with a better overall package of terms and conditions than what they would receive under the applicable award or safety net. The enterprise agreement was deemed to be in the best interests of the employees and was therefore approved in accordance with the Fair Work Act 2009.

Star Pacific 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