Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical Summary

[2024] FWCA 1906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical

(AG2024/1466)

KENSHAW ELECTRICAL PTY LTD MECHANICAL, ELECTRICAL & STORE WORKERS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 27 MAY 2024

Application for approval of the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Enterprise Agreement 2024

Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical has applied for approval of a single enterprise agreement known as the Kenshaw Electrical Pty Ltd Mechanical, Electrical & Store Workers Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 3 June 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kenshaw Electrical Pty Ltd, trading as Kenshaw Electrical, applied for approval of its enterprise agreement. The proposed agreement, titled "Mechanical, Electrical & Store Workers Enterprise Agreement 2024," was put forward for consideration by the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including provisions on minimum rates of pay, penalty rates, shift allowances, and leave entitlements, among others.

The central legal issues before the Court were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly regarding its provisions on minimum rates of pay, penalty rates, shift allowances, and leave entitlements. Additionally, the Court had to determine whether the agreement was made in good faith and whether it met the requirements for being a "single enterprise agreement" as defined by the Act.

The Court found that the proposed agreement contained all necessary provisions and met the legal criteria for approval under the Fair Work Act 2009. It concluded that the agreement was made in good faith and satisfied the requirements of a "single enterprise agreement." The Court approved the Mechanical, Electrical & Store Workers Enterprise Agreement 2024, confirming its validity and applicability for the specified period.

No further orders were made beyond the approval of the enterprise agreement.

Kenshaw Electrical Pty Ltd T/A Kenshaw Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established