DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2931)

KEEN EDGE CONSTRUCTION PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 JUNE 2015

Application for approval of the Keen Edge Construction Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Keen Edge Construction Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015 (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, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 19 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Keen Edge Construction Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015. Keen Edge Construction is an employer in the civil construction industry and the CFMEU is the relevant trade union. The dispute centred around whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the FWC were whether the agreement provided for the prompt payment of employee entitlements, allowed for genuine flexibility in working arrangements, and ensured that it did not unfairly discriminate against any employees.

The FWC considered whether the agreement provided adequate protections for prompt payment of wages and entitlements, ensuring that employees were paid on time and in full. The Commission also assessed whether the agreement allowed for flexibility in working arrangements, including overtime and shift patterns, without undermining the core conditions of employment. Furthermore, the FWC examined whether the agreement contained provisions that could lead to unfair discrimination among employees, such as by creating tiers of employment or by providing different conditions for different groups of workers.

After reviewing the agreement, the FWC found that it satisfied the requirements for approval under the Fair Work Act. The Commission determined that the agreement provided sufficient protections for the prompt payment of employee entitlements, allowed for reasonable flexibility in working arrangements, and did not unfairly discriminate against any employees. Consequently, the FWC approved the Keen Edge Construction Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015. The approval ensured that the agreement would become a legally binding contract between Keen Edge Construction and its employees, setting out the terms and conditions of employment for the duration of the 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