DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2016/5088)

KENNY CONSTRUCTIONS (AUST.) PTY LIMITED / AWU WESTCONNEX M4 EAST PROJECT GREENFIELD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2016

Application for approval of the Kenny Constructions (Aust.) Pty Limited / AWU WestConnex M4 East Project Greenfield Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Kenny Constructions (Aust.) Pty Limited / AWU WestConnex M4 East Project Greenfield Agreement 2016 (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval for the Kenny Constructions (Aust.) Pty Limited / AWU WestConnex M4 East Project Greenfield Agreement 2016 in the Fair Work Commission. The application centred around whether the agreement was an appropriate method to govern employment terms and conditions for the WestConnex M4 East Project. The key parties involved were the Australian Workers' Union and Kenny Constructions, with the Fair Work Commission being the adjudicator.

The central legal issues before the Commission involved determining whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a simple, clear, and accessible document that met the standard of a Greenfield Agreement. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for employees and if it adhered to the relevant provisions of the Act.

The Commission found that the agreement was a Greenfield Agreement within the meaning of the Fair Work Act. It was a clear, simple, and accessible document that met the legislative requirements. The Commission also determined that the agreement provided fair and reasonable terms and conditions for employees, taking into account the project's nature, the parties' bargaining positions, and the overall balance of the agreement. The Commission approved the agreement, emphasising its suitability for the specific project and the parties' collaborative approach in negotiating the terms.

The Fair Work Commission approved the Kenny Constructions (Aust.) Pty Limited / AWU WestConnex M4 East Project Greenfield Agreement 2016, finding it to be a suitable method to govern employment terms and conditions for the project. The agreement was clear, simple, and accessible, and it provided fair and reasonable terms and conditions for employees. The approval allowed the agreement to be registered with the Commission, making it a legally enforceable instrument governing the employment relationship between Kenny Constructions and its employees for the duration of the WestConnex M4 East Project.

Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established