DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3962)

KELLER FOUNDATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2017

Application for variation of the Keller Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Greenfields Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Keller Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Greenfields Agreement 2016-2018 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 7 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) concerned an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to vary the Piling Greenfields Agreement 2016-2018 between Keller Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute centred on the interpretation and application of specific clauses within the agreement, particularly those relating to shift allowances and the conditions under which they apply.

The central legal issues revolved around the interpretation of certain clauses in the agreement. The primary point of contention was whether the shift allowances were applicable under specific circumstances, particularly in relation to a particular type of shift. The CFMEU argued that the allowances should apply in all cases, while Keller Foundations Pty Ltd contended that the allowances were only applicable under a narrower set of conditions.

The FWC considered the plain language of the agreement and the broader context in which it was negotiated. The Commission found that the language of the agreement was clear and that the conditions under which the shift allowances applied were narrowly defined. The FWC concluded that the shift allowances did not apply in the circumstances argued by the CFMEU, as the specific conditions for their applicability were not met. Consequently, the application for variation was dismissed.

As a result of the decision, the FWC determined that the Piling Greenfields Agreement 2016-2018 remained in effect as originally negotiated, without any variation to the terms concerning shift allowances. The decision upheld the interpretation of the agreement as narrowly applying the shift allowances, thereby resolving the dispute in favour of Keller Foundations Pty Ltd.

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