Kenshaw Electrical Pty Limited

[2019] FWCA 8708

[2019] FWCA 8708[Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenshaw Electrical Pty Limited
(AG2019/4388)

KENSHAW ELECTRICAL PTY LTD CLERICAL AND ADMINISTRATIVE WORKERS ENTERPRISE AGREEMENT 2019 -2021

Clerical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 DECEMBER 2019

Application for approval of the Kenshaw Electrical Pty Ltd - Clerical and Administrative Workers Enterprise Agreement: 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kenshaw Electrical Pty Ltd - Clerical and Administrative Workers Enterprise Agreement: 2019 - 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A