KME Services Pty Ltd

[2019] FWCA 7898

[2019] FWCA 7898

The attached document replaces the document previously issued with the above code on 19 November 2019.

The correct undertaking has now been inserted into the decision.

Joshua Everson

Associate to Deputy President Mansini

Dated 20 November 2019

[2019] FWCA 7898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KME Services Pty Ltd
(AG2019/3948)

KME SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 NOVEMBER 2019

Application for approval of the KME Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] KME Services Pty Ltd has applied for approval of a single enterprise agreement known as the KME Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the statutory declarations provided, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 1 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506154  PR714434>

Annexure A