DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kenshaw Electrical Pty Ltd
(AG2015/5843)

KENSHAW ELECTRICAL PTY LTD CLERICAL AND ADMINISTRATIVE WORKERS ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2015

Application for approval of the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement to be known as the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kenshaw Electrical Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making the application to 9 October 2015.

[3] The company has provided an undertaking in relation to casual loading provisions contained within the Agreement.

[4] In accepting this undertaking I have accepted it is not likely to either cause financial detriment to an employee or result in a substantial change to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision and marked ‘Annexure A’.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date is 1 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was made by Kenshaw Electrical Pty Ltd for approval of the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2015. The dispute arose as the applicant sought to finalise the agreement terms, which included matters such as wages, hours of work, leave provisions, and other employment conditions. The Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and covered the appropriate employees.

The legal issues before the Commission involved verifying that the agreement was free from prohibited content, ensuring it was made without coercion, and confirming that it complied with the procedural prerequisites for approval. The applicant needed to demonstrate that the agreement was not only fairly negotiated but also met the statutory criteria for certification. The Commission considered whether the agreement provided adequate protections for employees and whether it aligned with the principles of the Fair Work Act.

In delivering its decision, the Commission examined the evidence provided by the applicant and the responses from relevant parties. It assessed the negotiation process, the fairness of the terms, and the compliance of the agreement with the legislative framework. The Commission found that the agreement was made in good faith, without any improper influence or coercion, and that it contained all necessary provisions to ensure fair and reasonable employment conditions. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements and its suitability for certification.

The final orders of the Commission were to approve the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2015, effective from the date of the decision. This approval means that the agreement is now legally binding on the parties and enforceable under the Fair Work Act.

Kenshaw 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