Kane Constructions (Qld) Pty Ltd Summary

[2023] FWCA 1658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kane Constructions (Qld) Pty Ltd

(AG2023/1491)

KANE CONSTRUCTIONS (QLD) PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 9 JUNE 2023

Application for approval of the Kane Constructions (Qld) Pty Ltd Enterprise Agreement 2023.

Kane Constructions (Qld) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Kane Constructions (Qld) Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 9 June 2023 and, in accordance with s.54, will operate from 16 June 2023. The nominal expiry date of the Agreement is 9 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Kane Constructions (Qld) Pty Ltd, sought approval of its 2023 Enterprise Agreement. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, were unable to reach an agreement on certain terms, leading to the application. The dispute centred around the fairness and validity of the proposed agreement, particularly in relation to certain clauses regarding pay rates, conditions of employment, and dispute resolution mechanisms.

The legal issues before the court included whether the agreement met the requirements for being "fair and reasonable" under the Fair Work Act 2009, whether the agreement provided for adequate minimum entitlements and allowed for fair dispute resolution, and whether the process for reaching the agreement was lawful and in accordance with relevant industrial relations provisions. The court also needed to consider whether the agreement met the standards for procedural fairness and whether it was consistent with the national system of industrial relations.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement, while not perfect, was fair and reasonable in all its terms. The pay rates and conditions were considered to be in line with industry standards, and the dispute resolution mechanisms were deemed adequate for the context. The process leading to the agreement was also found to be lawful, with both parties having an opportunity to participate and voice their concerns. Consequently, the Commission approved the Enterprise Agreement, highlighting its overall fairness and reasonableness, and its compliance with relevant industrial relations laws.

Kane Constructions (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established