“Keller Ground Engineering Pty Ltd” Summary

[2013] FWCA 4395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

“Keller Ground Engineering Pty Ltd”
(AG2013/1151)

“KELLER GROUND ENGINEERING PTY LTD” & EMPLOYEES & CFMEU COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 JULY 2013

Application for approval of the “Keller Ground Engineering Pty Ltd” & Employees & CFMEU Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the “Keller Ground Engineering Pty Ltd” & Employees & CFMEU Collective Agreement 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Keller Ground Engineering Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

Keller Ground Engineering Pty Ltd (the company) and the Construction, Forestry, Maritime, Mining and Energy Union (the union) applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement, which would cover a three-year period from 2012 to 2015, was to establish terms and conditions of employment for employees of the company. The application was made under the Fair Work Act 2009. The company and the union argued that the agreement was appropriate and beneficial for both parties, while opposing parties raised concerns about various provisions, particularly those relating to employee entitlements and procedural fairness.

The legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act and whether it contained any unfair provisions. The Commission had to examine whether the agreement provided for a fair and reasonable determination of terms and conditions, whether it contained any provisions that were not genuinely agreed upon, and whether it met the requirements for procedural fairness. Additionally, the Commission needed to assess whether the agreement included provisions that would unduly burden the company’s operations or be detrimental to the employees.

The Fair Work Commission found that the proposed agreement was generally fair and reasonable and met the statutory requirements for approval. The Commission noted that the agreement contained provisions that were negotiated in good faith and provided for fair and reasonable terms and conditions. The Commission also found that the agreement did not contain any provisions that were not genuinely agreed upon and that it met the requirements for procedural fairness. The Commission dismissed the concerns raised by the opposing parties, finding that the provisions in question were reasonable and necessary for the efficient operation of the company. The Commission approved the agreement, noting its balanced approach and the benefits it provided to both parties.

The Commission's final order was to approve the Keller Ground Engineering Pty Ltd & Employees & CFMEU Collective Agreement 2012-2015, effective from the date of the decision. This decision provided certainty and stability for both the company and its employees, allowing for the implementation of agreed terms and conditions for the specified period.

“Keller Ground Engineering Pty Ltd”

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established