Starlight Engineering Pty Ltd

[2023] FWCA 2621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Starlight Engineering Pty Ltd

(AG2023/2639)

STARLIGHT ENGINEERING PTY LTD ENTERPRISE AGREEMENT, 2023 - 2025

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 AUGUST 2023

Application for approval of the Starlight Engineering Pty Ltd Enterprise Agreement, 2023 - 2025

An application has been made for approval of an enterprise agreement known as the Starlight Engineering Pty Ltd Enterprise Agreement, 2023 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Starlight Engineering Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

While I note that the Employer provided undertakings revising the consultation term in the Agreement, an undertaking cannot be accepted in respect of s.205. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is therefore taken to be a term of the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 25 August 2023. The nominal expiry date of the Agreement is 18 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Starlight Engineering Pty Ltd was a party in an application to the Fair Work Commission for the approval of an Enterprise Agreement, 2023-2025. The applicant, representing the employees, sought to establish terms and conditions of employment for the next three years. The nature of the dispute was primarily focused on whether the proposed agreement complied with the relevant legislative requirements, specifically the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the necessary standards and criteria for approval.

The legal issues before the Commission involved whether the proposed agreement adequately addressed key aspects such as minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions that they believed did not meet the legislative standards. The Commission had to consider these arguments and decide if the proposed agreement was in compliance with the Fair Work Act and its regulations.

In reaching its decision, the Commission examined the submissions from both parties and evaluated the proposed terms against the legislative framework. The Commission noted that while some provisions required adjustments to meet the statutory requirements, the overall agreement reflected a fair and reasonable set of terms and conditions for the employees. The Commission decided that with minor modifications, the agreement would meet the necessary criteria for approval. Consequently, the Commission granted approval for the Enterprise Agreement, 2023-2025, with conditions that certain provisions be amended to comply with the Fair Work Act. The final orders included specific directions for the amendment of the agreement to address the identified issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established