Kane & Co Electrical Contractors Pty Ltd Summary

[2014] FWCA 8343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane & Co Electrical Contractors Pty Ltd
(AG2014/7604)

KANE AND CO ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Kane and Co Electrical Contractors Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kane and Co Electrical Contractors Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kane & Co Electrical Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 21 November 2014 and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date of the Agreement is 20 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kane & Co Electrical Contractors Pty Ltd, sought approval of the Enterprise Agreement 2014-2018 from the Fair Work Commission. The application was brought before the Commission by the applicant as it required the approval of the Fair Work Commission to make the agreement legally enforceable. The applicant argued that the agreement was made in accordance with the requirements of the Fair Work Act 2009 and that it should be approved.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission considered whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions, including the minimum wage rates and other entitlements. The Commission also considered whether the agreement had been fairly negotiated and whether it provided for the proper registration of the agreement.

The Fair Work Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission also found that the agreement had been fairly negotiated and provided for the proper registration of the agreement. The Commission was satisfied that the agreement met all the requirements for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Kane & Co Electrical Contractors Pty Ltd Enterprise Agreement 2014-2018. The agreement is now legally enforceable and binding on all parties who are covered by it.

Kane & Co Electrical Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established