DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2016/65)

KANE CONSTRUCTIONS PTY LTD (NSW AND A.C.T. EMPLOYEES) ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 FEBRUARY 2016

Application for approval of the Kane Constructions Pty Ltd (NSW and A.C.T. Employees) Enterprise Agreement 2016 - 2020

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd (NSW and A.C.T. Employees) Enterprise Agreement 2016 - 2020 (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 was approved on 15 February 2016 and, in accordance with s.54, will operate from 22 February 2016. The nominal expiry date of the Agreement is 15 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Kane Constructions Pty Ltd, sought approval of an enterprise agreement. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, represented the employees. The nature of the dispute was the validity and approval of the proposed enterprise agreement, which outlined terms and conditions of employment for the employees of Kane Constructions. The legal issues before the commission included whether the agreement had been made in accordance with the Fair Work Act 2009, and whether it complied with the "better off overall test" as required by the Act. The commission needed to determine if the agreement fairly reflected the interests of the employees and if it met the necessary criteria for approval.

The Fair Work Commission examined the process through which the agreement was made, ensuring it adhered to the procedural fairness requirements set out in the Fair Work Act. The commission also assessed whether the agreement contained terms that were contrary to public policy or that had a detrimental impact on employees' rights. Furthermore, the commission considered if the agreement was genuinely negotiated and if it provided a better outcome for the employees than the applicable awards or other agreements. The commission applied these legal principles to the specifics of the proposed agreement, weighing the benefits and disadvantages to the employees.

Upon review, the commission found that the agreement was made in a procedurally fair manner and met the necessary criteria for approval. The commission concluded that the agreement was genuinely negotiated and provided a better outcome for the employees when compared to the applicable awards or other agreements. The commission was satisfied that the agreement did not contain terms that were contrary to public policy and did not adversely affect the employees' rights. Therefore, the commission approved the application for the enterprise agreement.

The Fair Work Commission approved the application for the Kane Constructions Pty Ltd (NSW and A.C.T. Employees) Enterprise Agreement 2016 - 2020. The commission's decision was based on the finding that the agreement was made in accordance with the Fair Work Act, met the better off overall test, and did not contain any terms that were contrary to public policy or detrimental to the employees' rights. The commission's approval of the agreement will govern the terms and conditions of employment for the employees of Kane Constructions Pty Ltd in New South Wales and the Australian Capital Territory for the duration of the agreement.

Kane Constructions Pty Ltd

DECISION

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Legal Principle Established