DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenshaw Electrical Pty Limited
(AG2015/5845)

KENSHAW ELECTRICAL PTY LTD MECHANICAL, ELECTRICAL & STORE WORKERS COLLECTIVE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenshaw Electrical Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kenshaw Electrical Pty Limited recently appeared before the Fair Work Commission, where the company sought approval for their Mechanical, Electrical & Store Workers Collective Agreement 2015. The application was brought by the employer, Kenshaw Electrical, who wished to formalise certain employment terms and conditions within their organisation.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was appropriate to approve the agreement given the context of the employment relationship between the employer and the employees. Specifically, the Commission needed to determine whether the agreement provided for terms and conditions that were no less favourable than the applicable awards and if it contained permissible matters as per the legislation.

The Fair Work Commission reviewed the application in light of the statutory requirements for approval of a new enterprise agreement. It was noted that the proposed agreement did not seek to diminish any existing entitlements of the employees, but rather consolidated and clarified existing terms. The Commission found that the agreement was in line with the Fair Work Act, providing adequate protections for the employees and meeting the necessary standards for approval. Consequently, the Commission approved the application and the Mechanical, Electrical & Store Workers Collective Agreement 2015 was registered.

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