DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ker-Dar Electrics Pty Ltd
(AG2018/3852)

KER DAR ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Ker Dar Electrics Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Ker Dar Electrics Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ker-Dar Electrics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case are Ker-Dar Electrics Pty Ltd, the employer, and its employees who are represented by the Electrical Trades Union of Australia. The dispute involves the application for approval of the Ker Dar Electrics Pty Ltd Enterprise Agreement 2018 - 2022, which was submitted to the Fair Work Commission for approval. The matter was heard by the Full Bench of the Fair Work Commission, which consists of three members: a President and two other Commissioners.

The primary legal issues that the Commission had to decide were whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained provisions that were contrary to the public interest. Specifically, the Commission had to consider whether the agreement contained provisions that would unfairly disadvantage employees, whether it provided adequate protection for employees' rights and entitlements, and whether it complied with the requirements for good faith bargaining.

The Full Bench found that the Enterprise Agreement was compliant with the statutory requirements for approval and did not contain provisions that were contrary to the public interest. The Commission noted that the agreement contained provisions that were in line with industry standards and provided adequate protection for employees' rights and entitlements. The Commission also found that the agreement had been negotiated in good faith and that there was no evidence of any coercion or unfairness in the bargaining process. As a result, the Full Bench approved the Enterprise Agreement, subject to certain modifications that were necessary to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the Enterprise Agreement, subject to the modifications made by the Commission. The agreement will now be registered with the Fair Work Commission and will be binding on all parties for the period of its operation. The decision of the Full Bench is final and binding, and cannot be appealed except on limited grounds specified in the Fair Work Act.

Ker-Dar Electrics 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