National Electrical and Communications Association, Western Australia Chapter Summary

[2013] FWCA 7146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical and Communications Association, Western Australia Chapter
(AG2013/7543)

K & K ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 -2017.

[1] An application has been made for approval of an enterprise agreement known as the K & K Electrical Services Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding Clause 3.1 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by the National Electrical and Communications Association, Western Australia Chapter, for approval of the K & K Electrical Services Pty Ltd Enterprise Agreement 2013-2017. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was brought forth to ensure that the terms and conditions of employment set out in the agreement were fair and complied with statutory requirements.

The legal issues before the Commission included whether the agreement had been fairly negotiated, if it contained the necessary 'protected action provisions', and if it complied with the 'better off overall test'. The 'protected action provisions' require that the agreement provides for employees to engage in lawful industrial action without fear of detriment. The 'better off overall test' mandates that the agreement must not lead to a detriment for employees in terms of wages and conditions compared to the applicable award. The Commission needed to examine these provisions and determine if they were satisfactorily met in the agreement.

In deliberating on these issues, the Commission considered the evidence presented by both parties and examined the agreement's clauses. It found that the agreement had been fairly negotiated and contained the required 'protected action provisions'. Moreover, the Commission concluded that the agreement met the 'better off overall test' as employees were not worse off in terms of wages and conditions. Therefore, the Commission approved the agreement, finding it to be compliant with the statutory requirements. The decision ensured that the terms of employment were fair and lawful, protecting both employers and employees within the stipulated period.

National Electrical and Communications Association, Western Australia Chapter

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established