DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Starick Services Inc t/a Starick
(AG2016/1005)

STARICK SERVICES INCORPORATED COLLECTIVE ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 5 JULY 2016

Application for approval of the Starick Services Incorporated Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Starick Services Incorporated Collective Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Starick Services Inc t/a Starick. 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] The Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Starick Services Inc, trading as Starick, applied for approval of the Starick Services Incorporated Collective Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The dispute involved the interpretation and application of provisions within the collective agreement and the Fair Work Act 2009. The central issues before the Commission were whether the provisions of the agreement complied with the Act and whether the agreement should be approved.

The Commission carefully examined the submissions from both parties, considering the specific clauses of the agreement in question and relevant legislative provisions. It assessed whether the agreement provided for the appropriate terms and conditions of employment and whether it adhered to the requirements of the Fair Work Act. The Commission also considered whether the agreement was made in good faith and whether it was fair and reasonable. After thorough analysis, the Commission determined that the agreement complied with the Act and was in line with the principles of good faith bargaining and fairness.

As a result, the Fair Work Commission approved the Starick Services Incorporated Collective Enterprise Agreement 2016. This decision recognised the agreement as legally binding and enforceable, thereby providing a framework for the employment terms and conditions of the employees involved.

Starick Services Inc t/a Starick

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established