DECISION

Fair Work Act 2009
s.210—Enterprise agreement

K & K Electrical Services Pty Ltd
(AG2016/3162)

K & K ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 17 MAY 2016

Application for variation of the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of a variation of the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by K & K Electrical Services Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the parties involved in the application for variation of the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017 were the employer, K & K Electrical Services Pty Ltd, and the union, the Electrical Trades Union of Australia. The union sought changes to the agreement on behalf of the employees, while the employer opposed the proposed changes. The case centred on whether the proposed variations were necessary and fair, given the current economic climate and operational needs of the employer. The Fair Work Commission was tasked with assessing the application and determining if the variations were justified.

The primary legal issues before the Commission were whether the proposed variations to the enterprise agreement were necessary and fair. This involved examining the reasons for the proposed changes, the impact of those changes on the employees and the employer, and whether the changes complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider if the proposed changes were in line with the principles of good faith bargaining and if they adhered to the criteria for good faith negotiations under the Fair Work Act.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed variations were necessary and fair. The Commission acknowledged the economic challenges faced by the employer and the need for flexibility in the workplace. The changes were deemed to be reasonable and proportionate to the circumstances, and the Commission concluded that they complied with the requirements of the Fair Work Act. Consequently, the application for variation was approved, and the new terms were incorporated into the enterprise agreement.

The final orders of the Commission mandated that the revised terms and conditions, as set out in the application, be incorporated into the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017. These terms were to take effect from the date of the decision and would govern the employment relationship between the employer and the employees covered by the agreement. The decision was binding on both parties and would form the basis for future negotiations and compliance with the enterprise agreement.

K & 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