DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5301)

KELLER FOUNDATIONS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, 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 Construction, Forestry, Mining and Energy 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.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) sought approval for the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The applicant was the employer, and the respondent was the union. The matter was heard in the Fair Work Commission, presided over by Commissioner A.J. Scalzi. The legal issues before the court involved whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The court considered the arguments presented by both parties and examined the contents of the enterprise agreement. The applicant argued that the agreement was in the best interests of the employees and complied with the Fair Work Act. The respondent raised concerns about the fairness of certain provisions and the adequacy of the dispute resolution mechanisms. After reviewing the evidence and arguments, the court found that the enterprise agreement met the requirements of the Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the dispute resolution mechanisms were adequate. The court also found that the agreement complied with the provisions of the Act, including the requirement that it be in writing and that it be approved by a majority of the employees.

In conclusion, the court approved the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and that the dispute resolution mechanisms were adequate. The court's decision was based on a thorough review of the evidence and arguments presented by both parties.

Construction, Forestry, 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