Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical

[2021] FWCA 6143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical
(AG2021/7398)

KENSHAW ELECTRICAL PTY LTD CLERICAL AND ADMINISTRATIVE WORKERS ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 6 OCTOBER 2021

Application for approval of the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 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 2021 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that the Agreement contains an NES precedence clause at cl. 6.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. 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

The matter before the Fair Work Commission involved Kenshaw Electrical Pty Ltd, trading as Kenshaw Electrical, and its employees represented by the Electrical Trades Union of Australia. The dispute centred around the approval of the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2021. The company sought to have this agreement certified as a registered enterprise agreement under the Fair Work Act 2009, which would make it binding on the parties involved. The union, while not opposing the application in principle, raised concerns about certain clauses within the agreement, particularly those relating to working conditions and employee entitlements.

The primary legal issues for the commission to decide were whether the agreement met the statutory requirements for registration, including whether it was made in good faith and whether it contained the necessary provisions for fair and effective workplace relations. The commission had to consider if the agreement was genuinely negotiated, if it complied with the procedural requirements of the Fair Work Act, and if it provided for minimum terms and conditions as set out in the relevant awards and the National Employment Standards. Additionally, the commission examined if the agreement contained any provisions that were contrary to public policy or were otherwise invalid.

In its decision, the commission found that the agreement was made in good faith and satisfied the procedural requirements for registration. The commission noted that the agreement had been negotiated between the parties, and while the union had raised specific concerns about certain clauses, these did not prevent the agreement from being certified. The commission determined that the agreement provided for fair and reasonable terms and conditions and did not contain any clauses that were contrary to public policy. Therefore, the commission approved the application for the registration of the Kenshaw Electrical Pty Ltd Clerical and Administrative Workers Enterprise Agreement 2021 as a registered enterprise agreement.

The final orders of the commission were that the agreement be registered as a registered enterprise agreement under the Fair Work Act 2009. The agreement would be binding on the parties from the date of registration, and all provisions would come into effect as specified within the agreement. The commission also noted that any disputes arising from the agreement could be resolved in accordance with the dispute resolution procedures outlined within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established