KTR Electronics Pty Ltd

[2014] FWCA 5070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KTR Electronics Pty Ltd
(AG2014/1599)

KTR ELECTRONICS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2014

Application for approval of the KTR Electronics Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the KTR Electronics Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KTR Electronics Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 July 2014 and, in accordance with s.54, will operate from 4 August 2014. The nominal expiry date of the Agreement is 27 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved KTR Electronics Pty Ltd, with the applicants being the company and a relevant union. The dispute centred on the approval of the KTR Electronics Pty Ltd Enterprise Agreement 2014-2018. The applicants sought the Commission's approval of the agreement under the Fair Work Act 2009, which mandates that certain agreements be certified as "exempt" from the requirements of the Act. This certification allows the agreement to be enforceable in a court of law.

The legal issues before the Commission were whether the agreement met the criteria for "good faith" bargaining as required by the Fair Work Act, and whether it contained appropriate protections for employees. The Commission had to consider if the agreement was made in good faith, whether it was the product of genuine and meaningful negotiations, and if it provided fair and reasonable terms for the employees. The Commission also needed to determine if the agreement complied with the "better off overall test," which ensures that employees are no worse off under the new agreement than they would be under the applicable award or existing agreement.

The Commission found that the agreement was made in good faith, as evidenced by the genuine and meaningful negotiations between the parties. The agreement was considered to be the product of these negotiations and provided fair and reasonable terms for the employees. The Commission also determined that the agreement met the "better off overall test" and contained appropriate protections for employees. Consequently, the Commission approved the KTR Electronics Pty Ltd Enterprise Agreement 2014-2018, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees and the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established