Keltech Pty. Ltd. T/A Kelly Electrical Pty Ltd

[2019] FWCA 3882

[2019] FWCA 3882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keltech Pty. Ltd. T/A Kelly Electrical Pty Ltd
(AG2019/1217)

KELTECH PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the Keltech Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Keltech Pty. Ltd. and ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keltech Pty. Ltd. T/A Kelly Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1 - Notice

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Annexure A