DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2016/5087)

KENNY CONSTRUCTIONS (AUST.) PTY LIMITED / AWU NORTHWEST RAPID TRANSIT CIVIL CONSTRUCTION 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 Northwest Rapid Transit Civil Construction 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 Northwest Rapid Transit Civil Construction 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

In the Fair Work Commission, the Australian Workers' Union sought approval of a Greenfield Agreement with Kenny Constructions (Aust.) Pty Limited, pertaining to the Northwest Rapid Transit Civil Construction Project. The dispute centred on whether the proposed agreement appropriately balanced the rights and interests of the employees and the employer, while also ensuring compliance with the relevant industrial laws and provisions.

The legal issues before the Commission involved the validity of the proposed agreement under the Fair Work Act 2009, and whether it met the criteria for a Greenfield Agreement. This included assessing if the agreement provided for the protection of employees' rights, the establishment of a fair and efficient workplace, and the resolution of potential disputes in an effective manner. The Commission also needed to determine if the agreement provided for adequate consultation and negotiation processes, and if it aligned with the principles of enterprise bargaining.

The Commission found that the proposed agreement appropriately addressed the rights and interests of both parties. It was noted that the agreement contained provisions for fair and efficient workplace practices, adequate consultation and negotiation processes, and mechanisms for resolving disputes. The Commission determined that the agreement met the requirements of a Greenfield Agreement under the Fair Work Act, and approved the application for its implementation. The Commission's decision was based on the finding that the agreement was fair and reasonable, and provided for the protection of employees' rights while also allowing for the efficient operation of the Northwest Rapid Transit Civil Construction 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