Keece Electrical Services Pty Ltd

[2022] FWCA 3865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keece Electrical Services Pty Ltd

(AG2022/4456)

Keece Electrical Services Multi-Enterprise Agreement 2022-2026

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 NOVEMBER 2022

Application for approval of the Keece Electrical Services Multi-Enterprise Agreement 2022-2026.

An application has been made for approval of an enterprise agreement known as the Keece Electrical Services Multi-Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keece Electrical Services Pty Ltd. The Agreement is a multi-enterprise agreement.

The Agreement covers the following five employer entities:
· Keece Electrical Services Pty Ltd
· Keece Electrical Services NSW Pty Ltd
· Keece Electrical Services SA Pty Ltd
· Keece Electrical Services QLD Pty Ltd
· Keece Maintenance Services Pty Ltd

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2022. The nominal expiry date of the Agreement is 2 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keece Electrical Services Pty Ltd sought approval for their Multi-Enterprise Agreement 2022-2026, which was contested by the Electrical Trades Union. The application was heard by the Fair Work Commission, which needed to determine whether the agreement complied with the relevant statutory requirements and provided for fair and reasonable terms for the employees.

The primary legal issues revolved around whether the proposed agreement met the necessary conditions outlined in the Fair Work Act 2009, specifically focusing on the provisions regarding minimum entitlements, procedural fairness, and the capacity of the agreement to provide for the fair and reasonable terms of employment. Additionally, the court had to consider whether the agreement had been made in good faith and whether it appropriately balanced the interests of the employer and employees.

The Commission found that the proposed agreement did not fully comply with the requirements of the Fair Work Act. The key issue was the insufficient provisions regarding the minimum entitlements for employees. The agreement did not provide adequate detail on several critical matters, including shift patterns, overtime, and allowances, which were necessary to ensure compliance with the statutory minimum standards. The Commission also noted that the agreement had not been made in good faith, as it failed to adequately consider the interests of employees. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the proposed Multi-Enterprise Agreement 2022-2026 not be approved and directed the parties to further negotiate a revised agreement that addressed the identified deficiencies and ensured compliance with the Fair Work Act. The Commission emphasised the importance of good faith negotiations and the need for the agreement to provide for fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established