DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kadyn Drainage Pty Ltd T/A Kadyn Group
(AG2018/5561)

KADYN GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 DECEMBER 2018

Application for approval of the Kadyn Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kadyn Group Enterprise Agreement 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 Drainage Pty Ltd T/A Kadyn Group. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2018. The nominal expiry date of the Agreement is 6 December 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kadyn Drainage Pty Ltd, trading as the Kadyn Group, applied to the Fair Work Commission for approval of the Kadyn Group Enterprise Agreement 2018. The application involved employees who were part of the construction industry and were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was contested by the CFMEU on the grounds that the agreement did not provide fair and reasonable terms for the employees.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, particularly whether it provided fair and reasonable terms for the employees. The CFMEU argued that the agreement did not adequately address several aspects, including wage progression, penalty rates, and the classification of certain employees. The Kadyn Group, on the other hand, contended that the agreement was fair and reasonable, meeting all necessary statutory criteria.

In its decision, the Commission found that the Kadyn Group Enterprise Agreement 2018 did indeed meet the statutory requirements for approval. The Commission considered the evidence presented by both parties and concluded that the agreement provided fair and reasonable terms for the employees. The Commission found that the wage progression, penalty rates, and classification of employees were all addressed in a manner that was fair and reasonable, meeting the statutory criteria. Consequently, the application for approval of the agreement was approved.

The Fair Work Commission approved the Kadyn Group Enterprise Agreement 2018, rejecting the objections raised by the CFMEU. The Commission found that the agreement met all statutory requirements and provided fair and reasonable terms for the employees.

Kadyn Drainage Pty Ltd T/A Kadyn Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established