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Fair Work Act 2009
s.185—Enterprise agreement
Ker-Dar Electrics Pty Ltd
(AG2014/841)
KER DAR ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2014 -
2018
Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK CANBERRA, 20 MAY 2014
Application for approval of the Ker Dar Electrics Pty Ltd Enterprise Agreement 2014 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the
Ker Dar Electrics 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 Ker-Dar Electrics 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 notice of employee representational rights issued by the Applicant to employees
of Ker-Dar Electrics Pty Ltd did not strictly comply with the prescribed form as required
under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead of “Fair
Work Commission”. It is obvious that the Applicant had used the form approved prior to 1
January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901 applies
to the notice with the consequence that reference to “Fair Work Australia” is taken to be of
reference to “Fair Work Commission”. The provisions of s. 174 do not express a contrary
intention which would have the result that s. 25B not apply. In the circumstances I am also
satisfied the issuing of the notice in the form pre-2013 did not have any effect on the
employee’s rights to appoint a bargaining representative.
[2014] FWCA 3330
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 3330
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[6] The Agreement was approved on 20 May 2014 and, in accordance with s.54, will
operate from 27 May 2014. The nominal expiry date of the Agreement is 20 May 2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, AE408229 PR550797
THE FAIR WORK MMISSION SEAL OF
[2014] FWCA 3330
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Annexure A
KERDAR 6 Centro Court Brooklyn KDE 3012 electrics Telephone/Fax EST. 1970 (03) 9325 1302 A Grade Electrical Contractors Mobile: 0412 150581 ACN 007 213 381 S.E.C. Reg No 6793 Email: adriandarby@yahoo.com 19 May 2014 Deputy President Gostencnik Fair Work Commission 11 Exhibition Street Melbourne VIC 3001
Dear Deputy President, RE: Ker Dar Electrics Pty Ltd Enterprise Agreement 2014 - 2018 I refer to your email dated 16 May 2014 in relation to the above Agreement and advise that in order to satisfy your concern raised in the correspondence Ker-Dar Electrics Pty Ltd will provide the following undertaking with respect to the Agreement: 1. A shiftworker for the purpose of the National Employment Standards as described in the Electrical, Electronic and Communications Contracting Award 2010, is also a shiftworker for that purpose under the Agreement. 2. The Company will apply the model consultation term in the Fair Work Regulations as it applies from 1 January 2014, as if it is incorporated in the Enterprise Agreement. I trust that the above satisfies the concerns you raised. Yours faithfully 2 Adrian Darby Director Ker-Dar Electrics Pty Ltd
