DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1247)

KELLER FOUNDATIONS PTY. LTD. / CFMEU GREENFIELDS AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2016

Application for approval of the Keller Foundations Pty. Ltd. / CFMEU Greenfields Agreement 2016 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Keller Foundations Pty. Ltd. / CFMEU Greenfields Agreement 2016 - 2018 (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 6 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission was an application for the approval of an enterprise agreement between Keller Foundations Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was made by the union under section 231 of the Fair Work Act 2009. The agreement in question was the Keller Foundations Pty Ltd/CFMEU Greenfields Agreement 2016 - 2018. The central dispute concerned whether the agreement had been made in good faith and whether it complied with the procedural fairness requirements set out in the Fair Work Act.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the good faith obligations stipulated in the Fair Work Act and whether the union had complied with the procedural fairness requirements. These obligations include the duty to bargain in good faith, to provide sufficient information, and to allow the employer to respond to the union's proposals. Additionally, the Commission had to determine whether the union had provided adequate information to Keller Foundations to enable it to make an informed decision about the agreement.

In reaching its decision, the Commission considered the evidence presented by both parties, including the union's and the employer's submissions and the conduct of the bargaining process. The Commission found that the union had acted in good faith and had provided sufficient information to the employer, allowing it to make an informed decision. The Commission also determined that the union had complied with the procedural fairness requirements, concluding that the agreement had been made in accordance with the statutory obligations. Consequently, the Commission approved the agreement, recognising it as a lawful and binding enterprise agreement under the Fair Work Act.

The Full Bench of the Fair Work Commission approved the Keller Foundations Pty Ltd/CFMEU Greenfields Agreement 2016 - 2018. The decision was based on the finding that the union had fulfilled its obligations of good faith bargaining and procedural fairness, and that the employer had been provided with adequate information to make an informed decision. The Commission's approval of the agreement signifies its compliance with the requirements of the Fair Work Act and its validity as a binding enterprise agreement.

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