DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2779)

KEADY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MAY 2015

Application for approval of the Keady Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Keady Pty Ltd and the CFMEU Building and 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 3 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Keady Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to address included whether the agreement had been made freely and fairly, and whether it complied with the mandatory provisions of the Fair Work Act, including those concerning minimum wages, penalty rates, and other employment conditions. Additionally, the Commission examined whether the agreement adequately protected employees’ rights and interests.

The Fair Work Commission found that the agreement was made freely and fairly, with both parties negotiating in good faith. The Commission determined that the agreement complied with all mandatory provisions of the Fair Work Act, including minimum wage and penalty rate requirements. The Commission also concluded that the agreement provided adequate protections for employees and did not unfairly disadvantage any party. As a result, the Fair Work Commission approved the Keady Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which would now be binding on the parties and their employees. This decision confirmed the agreement's validity and enforceability, providing certainty and stability in the employment relationship between Keady Pty Ltd and the CFMEU.

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