DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kadyn Civil Australia Pty Ltd T/A Kadyn Civil
(AG2015/5066)

KADYN CIVIL AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Kadyn Civil Australia Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kadyn Civil Australia Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kadyn Civil Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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 was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kadyn Civil Australia Pty Ltd, trading as Kadyn Civil, applied to the Fair Work Commission for approval of the Kadyn Civil Australia Enterprise Agreement 2015 - 2018. The application was made pursuant to section 234 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing some of the employees covered by the proposed agreement. The dispute centred on the fairness and appropriateness of the terms and conditions proposed in the agreement, particularly in relation to penalty rates and other employee entitlements.

The central legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Act in terms of being in the best interests of the employees, and whether it contained appropriate dispute resolution mechanisms. The Commission had to consider the evidence presented by both parties regarding the fairness and appropriateness of the terms and conditions in the proposed agreement, and whether it complied with the relevant provisions of the Act.

In assessing the fairness and appropriateness of the proposed agreement, the Commission examined the evidence and submissions from both parties, including expert evidence on industry standards and practices. The Commission found that the proposed agreement was generally fair and appropriate, taking into account the specific circumstances of the enterprise and the need for flexibility in the construction industry. The Commission also found that the agreement contained adequate dispute resolution mechanisms, including a binding arbitration process for unresolved disputes. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Kadyn Civil Australia Enterprise Agreement 2015 - 2018, with certain modifications, as meeting the requirements of the Fair Work Act 2009. The approved agreement will now apply to the employees covered by it, and will remain in force until it is replaced by a new agreement or expires pursuant to its terms. The CFMEU's application to disallow the agreement was dismissed.

Kadyn Civil Australia Pty Ltd T/A Kadyn Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established