DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4849)

KEYBUILD SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 DECEMBER 2019

Application for approval of the Keybuild Services Pty Ltd and CFMEU Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Keybuild Services Pty Ltd and CFMEU Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy 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 Construction, Forestry, Maritime, Mining and Energy Union is 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2020. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union filed an application for approval of the Keybuild Services Pty Ltd and CFMEU Union Collective Agreement 2018. The dispute involved the terms and conditions of employment for workers at Keybuild Services Pty Ltd, an Australian construction company. The union and the employer had reached an agreement on various aspects of the employment relationship, including wages, hours of work, and other conditions, and sought the Commission's endorsement of these provisions.

The legal issues before the Commission were whether the provisions of the collective agreement were fair and reasonable, and whether they complied with relevant federal industrial legislation. The union argued that the agreement was fair and reasonable, and that it provided for a better outcome for its members than the current awards and enterprise agreements. The employer, on the other hand, contended that some of the provisions were unreasonable and that they imposed an undue burden on the business.

After considering the evidence and submissions from both parties, the Commission found that the collective agreement was fair and reasonable. The Commission noted that the agreement provided for a balanced distribution of benefits and obligations between the employer and employees, and that it was consistent with relevant federal industrial legislation. The Commission also found that the agreement provided for a fair and reasonable increase in wages and other benefits for the employees. The Commission approved the collective agreement, subject to certain conditions and modifications.

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