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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Keltech Pty. Ltd. trading as Kelly Electrical Pty Ltd, sought approval of an Enterprise Agreement with the Electrical Trades Union (ETU). The applicant argued that the agreement was fair and reasonable, and that it was necessary for the business to operate effectively. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement was genuinely negotiated, and whether it contained appropriate terms and conditions for the employees. The court had to consider whether the agreement was in the best interests of the employees and the broader community.

In reaching its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and contained appropriate terms and conditions for the employees. The Commission also found that the agreement was in the best interests of the employees and the broader community. As such, the Commission approved the agreement and made the necessary orders to give effect to the approval.

The Fair Work Commission approved the Keltech Pty. Ltd. and ETU Enterprise Agreement 2018-2021, and made orders to give effect to the approval. The orders included the registration of the agreement and the implementation of its terms and conditions. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

Keltech Pty. Ltd. T/A Kelly Electrical 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