DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keece Electrical Services Pty Ltd
(AG2018/984)

KEECE ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Keece 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 Keece Electrical Services 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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 20 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keece Electrical Services Pty Ltd, an electrical services company, sought approval of its Enterprise Agreement 2018-2022. The application was brought before the Fair Work Commission. The dispute revolved around whether the agreement complied with the Fair Work Act 2009 and if the necessary procedural requirements were satisfied.

The legal issues before the Commission included whether the enterprise agreement was a genuine agreement, whether it was made in good faith, and whether it met the minimum entitlements as stipulated by the Act. The Commission also had to consider if the requisite majority of employees had been consulted and if the agreement was appropriately approved.

The Fair Work Commission determined that the enterprise agreement was genuine and had been made in good faith. The Commission found that it did not fall below the minimum entitlements and that proper consultation had occurred with the employees. The Commission concluded that all procedural requirements had been fulfilled and approved the enterprise agreement.

The Commission issued an approval certificate under section 231 of the Fair Work Act 2009, confirming that the Keece Electrical Services Pty Ltd Enterprise Agreement 2018-2022 met the necessary legal standards.

Keece 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