DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane & Co Electrical Contractors Pty Ltd
(AG2021/6867)

KANE AND CO ELECTRICAL CONTRACTORS ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 SEPTEMBER 2021

Application for approval of the Kane and Co Electrical Contractors Enterprise Agreement 2021 -2025.

[1] Kane & Co Electrical Contractors Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Kane and Co Electrical Contractors Enterprise Agreement 2021 -2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 August 2021.

[3] On 31 August 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought an amended signature page with the postcode/state of each signatory;

• Chambers alerted parties that clause 15.7: Deductions with respect to training or further education, may be an unlawful deduction contrary to ss. 324-326 of the Act and the clause therefore may be of no effect;

• Clauses 7.4.2: Personal/carer’s leave, 7.7.4: Public Holidays, 7.1.9: Termination reductions and 9.1.2: Redundancy pay may be inconsistent with the National Employment Standards however the NES precedence clause at clause 5.14.2 of the Agreement is deemed to resolve these concerns; and

• Chambers sought and received submissions/clarification from the Applicant that the rates provided in the Agreement are test time rates which applied at the time the application was made.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Kane & Co Electrical Contractors Pty Ltd sought approval of an enterprise agreement with its employees for the period 2021-2025. The application was opposed by the Electrical Trade Union of Australia (ETUA). The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial laws and standards.

The legal issues the court needed to address included whether the agreement was made in good faith, whether it adhered to the requirements of the Fair Work Act 2009, and whether it contained terms that were not materially beneficial to the employees. Additionally, the court had to consider the representation of the parties during the negotiation process and whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009.

The court found that the agreement was made in good faith and was consistent with the Fair Work Act. It concluded that the terms of the agreement were not unfair and were beneficial to the employees. The court also found that the negotiation process was conducted appropriately, and the ETUA had adequately represented the employees' interests. The agreement was thus deemed fair and compliant with the relevant industrial laws.

As a result, the Fair Work Commission approved the Kane & Co Electrical Contractors Enterprise Agreement 2021-2025. The approval was granted on the basis that the agreement met the statutory requirements and was fair and reasonable in all respects.

Kane & Co Electrical Contractors 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