DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K and K Electrical Services Pty Ltd
(AG2018/4651)

K AND K ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2019

Application for approval of the K and K Electrical Services Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the K and K Electrical Services Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K and K Electrical Services 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 24 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, K and K Electrical Services Pty Ltd, sought approval of their Enterprise Agreement 2018-2022 under section 232 of the Fair Work Act 2009. The respondents were the Electrical Trades Union and various employees of the company. The dispute centred around the provisions of the proposed agreement and whether it complied with the statutory requirements for fair and equitable terms. The case was heard in the Fair Work Commission.

The primary legal issues the Commission had to address were whether the agreement met the requirements of the Fair Work Act, including the "better off overall test" and whether the agreement contained any terms that were contrary to public policy. The applicants argued that the agreement was fair and met the statutory requirements, while the respondents contended that certain provisions were unfair and did not comply with the Act.

The Fair Work Commission found that the proposed agreement was fair and met the statutory requirements. The Commission considered the "better off overall test" and found that employees would be better off under the proposed agreement. The Commission also found that the agreement did not contain any terms that were contrary to public policy. The Commission approved the agreement, noting that it provided for reasonable terms and conditions of employment and was in the interests of all parties involved.

The Fair Work Commission approved the K and K Electrical Services Pty Ltd Enterprise Agreement 2018-2022, finding it to be fair and compliant with the Fair Work Act. The agreement was deemed to meet the "better off overall test" and did not contain any terms that were contrary to public policy. The approval of the agreement ensures that employees of K and K Electrical Services Pty Ltd have a fair and equitable Enterprise Agreement for the specified period.

K and K Electrical Services 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