DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2018/5579)

KANE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2019

Application for approval of the Kane Constructions Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd Enterprise Agreement 2017 - 2021 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 21 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Kane Constructions Pty Ltd Enterprise Agreement 2017 - 2021. The application was made by the employer, Kane Constructions Pty Ltd, under the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement complied with the statutory requirements and if they appropriately reflected the bargaining outcomes of the employer and the employees' union. The case was heard in the Fair Work Commission.

The legal issues before the court were primarily concerned with the compliance of the enterprise agreement with the provisions of the Fair Work Act 2009. The court needed to determine whether the agreement met the criteria for mandatory inclusions, such as minimum rates of pay, penalty rates, and leave entitlements. Additionally, the court examined if the agreement was fairly negotiated and if it adhered to the procedural requirements outlined in the Act. The fairness and appropriateness of the agreement's terms, including any potential impacts on employees, were also evaluated.

The Fair Work Commission assessed the application against the legislative framework and procedural requirements. It found that the proposed enterprise agreement met the mandatory inclusions and adhered to the negotiation process stipulated by the Act. The Commission was satisfied that the agreement reflected a genuine bargain between the employer and the employees' union. The terms of the agreement were considered fair and reasonable, taking into account the interests of both parties. Based on this, the Commission approved the application and authorised the enterprise agreement.

The final orders of the Commission included the approval of the Kane Constructions Pty Ltd Enterprise Agreement 2017 - 2021, which was to be registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision and would govern the employment conditions of the relevant employees until its expiry. The Commission's decision effectively resolved the dispute, providing certainty for both the employer and the employees regarding their employment terms and conditions.

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