DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7089)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2016

Application for approval 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 greenfields agreement known as the Keller Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling 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 that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application for approval of a proposed agreement between Keller Foundations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the agreement, known as the Piling Greenfields Agreement 2016-2018, complied with the relevant provisions of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement met the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the mandatory terms and conditions as stipulated by the Act, and whether it was fair and reasonable for the purposes of promoting high wages and conditions. The court also had to assess whether the agreement had been genuinely bargained between the parties and if it complied with the procedural requirements for approval.

In making its decision, the court examined the content of the agreement and the process by which it was negotiated. The court found that the agreement contained all the mandatory terms and conditions required by the Act and that the negotiation process was genuine. The court concluded that the agreement was fair and reasonable and that it met the statutory requirements for approval. Consequently, the court granted the application for approval of the Piling Greenfields Agreement 2016-2018.

The final orders of the court were that the Piling Greenfields Agreement 2016-2018 be approved in accordance with section 233 of the Fair Work Act 2009. The agreement was to have effect from the date of the decision and would remain in force until the expiration of its term on 30 June 2018, unless terminated earlier in accordance with its provisions.

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