Keece Electricial Services Pty Ltd Summary

[2014] FWCA 503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keece Electricial Services Pty Ltd
(AG2013/10240)

KEECE ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JANUARY 2014

Application for approval of the Keece Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Keece Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017 (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] The Agreement was approved on 21 January 2014 and, in accordance with s.54, will operate from 28 January 2014. The nominal expiry date of the Agreement is 21 January 2018.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

Keece Electrical Services Pty Ltd, an employer in the electrical industry, applied for approval of its Enterprise Agreement 2013 - 2017. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the interests of both employers and employees, particularly in relation to pay rates, conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement provided for procedural fairness, whether it contained the necessary safety net provisions, and whether it was free from any illegal content. The FWC considered the compliance of the agreement with the requirements of section 232 of the Act, which mandates that an enterprise agreement must be approved if it provides for procedural fairness and does not discriminate against employees. Additionally, the Commission assessed whether the agreement met the minimum safety net standards and did not include any unlawful content.

The Commission found that the agreement did provide for procedural fairness and contained the requisite safety net provisions, including minimum pay rates and conditions. The agreement also included lawful and non-discriminatory terms. Given these findings, the Commission approved the Enterprise Agreement 2013 - 2017. The Commission took into account the need for a balanced agreement that ensured fair treatment of both parties while maintaining a viable business environment for the employer.

The FWC approved the Keece Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017, effective from 1 July 2013 to 30 June 2017, with the specified conditions and terms. This decision affirmed the agreement's compliance with the statutory requirements and its appropriateness for the industry.

Keece Electricial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established