DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6720)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 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 15 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission (FWC) for approval of the Keller Foundations Pty Ltd / CFMEU Greenfields Agreement 2016-2018. The dispute centred on whether the agreement was made in good faith and if it was in the best interests of the employees. The FWC was the court that handled this matter.

The central legal issue before the FWC was whether the agreement was made in good faith and if it was in the best interests of the employees. The FWC needed to determine if the bargaining process adhered to the requirements of good faith and if the agreement's terms were fair and reasonable for the employees. The court also had to consider the impact of the agreement on the employees' rights and conditions.

In its decision, the FWC examined the bargaining process and found that it was conducted in good faith. The court considered the steps taken by both parties to reach an agreement and concluded that the process was fair. The FWC also evaluated the terms of the agreement and determined that they were reasonable and in the best interests of the employees. The court found that the agreement provided adequate protections and benefits for the employees, making it an appropriate arrangement. Therefore, the FWC approved the agreement, recognising its compliance with the necessary legal standards.

The final order of the FWC was the approval of the Keller Foundations Pty Ltd / CFMEU Greenfields Agreement 2016-2018. The court's decision confirmed the agreement's validity and its compliance with the required legal standards. This ruling ensured that the agreement would be enforceable and provide the agreed-upon protections and benefits for the employees involved.

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