DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2021/4742)

KEYBUILD SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MAY 2021

Application for approval of the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division 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(1) 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 10 May 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement, specifically the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division, which sought to have the agreement registered under the Fair Work Act 2009. The dispute arose because the applicant argued that the agreement complied with all necessary statutory requirements, while others claimed it did not.

The central legal issue before the court was whether the proposed enterprise agreement met the criteria for approval as set out in the Fair Work Act. Key points of contention included whether the agreement had been fairly negotiated, whether it contained appropriate dispute resolution mechanisms, and whether it complied with the good faith bargaining requirement. The court had to carefully examine the content of the agreement and the process by which it was negotiated to determine if it met the statutory standards.

The court found that the agreement was indeed fairly negotiated and contained adequate dispute resolution processes. It also determined that the good faith bargaining requirement was satisfied, as there was evidence of genuine negotiations between the parties. The court concluded that the agreement complied with all necessary statutory provisions and therefore approved its registration. This decision affirmed that the enterprise agreement could be implemented, ensuring that the terms and conditions of employment were legally enforceable.

The final order was that the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be approved and registered under the Fair Work Act 2009. This ruling allowed the agreement to take effect, providing certainty and stability to the terms of employment for the workers involved.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established