DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2020/546)

KANE CONSTRUCTIONS PTY LTD (NSW AND ACT EMPLOYEES) ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2020

Application for approval of the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kane Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Applicant did not appear to take all reasonable steps to provide a copy or access to incorporated material during the access period of the Agreement, such as the MBA Calendar. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2020. The nominal expiry date of the Agreement is 21 June 2024.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 245

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024. The application was brought on behalf of the employees of Kane Constructions Pty Ltd, and the respondent, Kane Constructions, contested the application. The matter was heard in the Commission's Melbourne office.

The legal issues that the Commission needed to resolve centred on whether the agreement complied with the relevant statutory provisions and if it was made in good faith. Specifically, the Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, including the criteria for good faith bargaining and the protection of employees' rights and entitlements. The Commission also had to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was made in good faith and met the requirements of the relevant legislation. The agreement was consistent with the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and it protected the employees' rights and entitlements. The Commission was satisfied that the agreement was fair and reasonable, and it approved the application for registration. The Commission noted that the agreement provided for a fair and equitable outcome for both the employees and the employer, and it was in the best interests of the parties involved.

The Commission approved the application for registration of the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024. The agreement was registered on the date of the decision, and it became legally binding on the parties from that date. The Commission's decision provides clarity and certainty for the employees and employer, and it ensures that the agreement is consistent with the relevant legislation. The decision also reinforces the importance of good faith bargaining and the protection of employees' rights and entitlements in the workplace.

Kane Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established