Kenshaw Electrical Pty Ltd

[2021] FWCA 5986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenshaw Electrical Pty Ltd
(AG2021/7403)

KENSHAW ELECTRICAL PTY LTD MECHANICAL, ELECTRICAL & STORE WORKERS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 SEPTEMBER 2021

Application for approval of the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Enterprise Agreement 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] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Kenshaw Electrical Pty Ltd, applied for the approval of the Mechanical, Electrical & Store Workers Enterprise Agreement 2021, which was to be made between the applicant and its employees. The applicant sought to have the agreement registered under section 194 of the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed enterprise agreement, including issues related to the employees' pay rates, working conditions, and other employment-related matters.

The court was required to determine whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it contained all the prescribed terms, did not discriminate on the basis of protected attributes, and was not contrary to public policy. Additionally, the court needed to consider whether the agreement provided for a fair and efficient means of resolving disputes between the parties.

In evaluating the application, the commission found that the proposed agreement contained all the prescribed terms and was not discriminatory or contrary to public policy. The commission also noted that the agreement provided for a fair and efficient means of resolving disputes. Therefore, the commission approved the proposed enterprise agreement and ordered that it be registered under section 194 of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees of Kenshaw Electrical Pty Ltd are regulated by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established