DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/207)

KSE SERVICES PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the KSE Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[1] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the KSE Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020. (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made for the approval of the KSE Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020. The application was brought before the Fair Work Commission, a federal Australian body with jurisdiction over employment and workplace relations matters. The union sought approval of the enterprise agreement, which detailed the terms and conditions of employment for workers at KSE Services Pty Ltd.

The legal issues before the Commission were primarily whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements of a protected action under the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was made fairly and in good faith, provided for the proper classification of employees, and met other statutory requirements. The union argued that the agreement was fair and appropriate, while KSE Services Pty Ltd did not contest the fairness of the agreement but raised concerns about certain provisions.

The Commission found that the agreement was made in good faith and contained provisions that were fair and reasonable. The Commission noted that the union had demonstrated a proper process of consultation and negotiation, and that the agreement met the legislative criteria for approval. It was also found that the agreement provided for appropriate classification and remuneration of employees. Consequently, the Fair Work Commission approved the KSE Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

The Commission ordered the registration of the enterprise agreement, effective from the date of the decision. This registration would ensure that the terms and conditions outlined in the agreement were legally binding on both parties, providing a clear framework for the employment relationship between KSE Services Pty Ltd and its employees represented by the union.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established