DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3960)

KELLER PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2021

Application for approval of the Keller Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Keller Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 9 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEUA), sought approval of an enterprise agreement between the union and Keller Pty Ltd. The dispute was heard by the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement was appropriately negotiated and whether it met the requirements for approval under the Act, including the provisions concerning employee entitlements and protections.

The Commission considered the evidence presented on the negotiation process, which the CFMEUA argued was conducted in good faith and involved genuine bargaining. The CFMEUA also asserted that the agreement was fair and reasonable, particularly in light of the specific industry context and the parties’ bargaining power. The Commission examined the terms of the agreement to ensure they did not undermine existing employee protections and entitlements, and whether the agreement was consistent with the public interest. The Commission also took into account the need for the agreement to facilitate productivity and economic efficiency.

After evaluating the evidence and arguments, the Commission found that the agreement was appropriately negotiated and met the criteria for approval. The terms of the agreement were deemed to be fair and reasonable, providing adequate protections and entitlements to the employees while also considering the commercial interests of Keller Pty Ltd. The Commission concluded that the agreement would contribute positively to the industry and was in the public interest. Consequently, the Commission approved the enterprise agreement, allowing it to take effect from the specified date.

The Commission’s final orders included the approval of the Keller Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, which was to be registered and enforced as per the provisions of the Fair Work Act 2009. The agreement was to be binding on all parties involved, including the employees covered by the agreement. The Commission also mandated that any disputes arising under the agreement would be subject to the dispute resolution procedures outlined within it.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established