Ker-Dar Electrics Pty Ltd Summary

[2023] FWCA 2656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ker-Dar Electrics Pty Ltd

(AG2023/2500)

KER-DAR ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2023 - 2027

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 22 AUGUST 2023

Application for approval of the Ker-Dar Electrics Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Ker-Dar Electrics Pty Ltd Enterprise Agreement 2023 - 2027 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

Noting clause 5.14.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ker-Dar Electrics Pty Ltd sought approval of its 2023-2027 Enterprise Agreement from the Fair Work Commission. The applicant, Ker-Dar Electrics Pty Ltd, is an employer in the electrical contracting industry, and the respondent, the Electrical Trades Union of Australia, is a trade union representing employees. The dispute centred on the terms and conditions outlined in the proposed agreement, including wages, hours of work, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and efficient resolution of workplace issues and whether it was genuinely bargained. The Commission considered whether the agreement met the requirements of Section 233 of the Fair Work Act, which mandates that agreements must be made in good faith and cover essential terms. The Commission also examined whether the agreement provided adequate protection for employees' rights and interests and whether it facilitated a cooperative and productive workplace environment.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission acknowledged the parties' commitment to good faith bargaining and highlighted the comprehensive nature of the agreement in addressing essential terms. The Commission also noted the inclusion of dispute resolution mechanisms that were deemed fair and efficient. The agreement was found to provide adequate protection for employees' rights and interests, ensuring a balanced and equitable workplace environment. Consequently, the Commission approved the 2023-2027 Enterprise Agreement, recognising its compliance with the statutory requirements and its potential to foster a productive industrial relationship.

The Fair Work Commission granted approval for the Ker-Dar Electrics Pty Ltd 2023-2027 Enterprise Agreement, effective from the date of the decision. The Commission's approval was based on the comprehensive nature of the agreement, the commitment to good faith bargaining, and the inclusion of fair and efficient dispute resolution mechanisms. This decision ensures that the agreement will govern the terms and conditions of employment for the specified period, providing a stable and legally compliant framework for the employer and employees.

Ker-Dar Electrics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established