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

Annexure A

CaseChat Overview and Summary

Kenshaw Electrical Pty Limited applied to the Fair Work Commission for approval of a new enterprise agreement. The application was made by the employer in the context of industrial negotiations with the Australian Council of Trade Unions (ACTU) as the representative of the employees. The agreement was for the period 2019 to 2021 and covered clerical and administrative workers within the company. The dispute centred on whether the proposed terms and conditions met the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement was in compliance with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to determine if the agreement was made in good faith and whether proper procedures were followed in its negotiation and execution. Substantively, the Commission had to consider whether the terms of the agreement were fair and reasonable, and if they met the minimum standards prescribed by the Act. The Commission also needed to ensure that the agreement did not discriminate against any class of employees or contravene any industrial instruments.

In reaching its decision, the Commission examined the evidence provided by both parties, including witness statements, emails, and meeting minutes. The Commission found that the agreement was made in good faith and that the negotiation process adhered to the requirements of the Fair Work Act. On the substantive issues, the Commission determined that the terms of the agreement were fair and reasonable, providing for appropriate wage increases, benefits, and conditions of employment. The Commission also confirmed that the agreement did not contravene any minimum standards and did not discriminate against any group of employees. Consequently, the Commission approved the agreement under the Fair Work Act.

The final orders of the Commission were that the Kenshaw Electrical Pty Ltd - Clerical and Administrative Workers Enterprise Agreement: 2019 - 2021 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all relevant employees from the specified commencement date.

Kenshaw Electrical Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established