Keller Ground Engineering Pty Ltd Summary

[2014] FWCA 3886

FAIR WORK COMMISSION

DECISION

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

Keller Ground Engineering Pty Ltd
(AG2014/6253)

KELLER GROUND ENGINEERING PTY LTD NCIG CET FLYOVER CONSTRUCTION PROJECT ENTERPRISE AGREEMENT 2014-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 JUNE 2014

Application for approval of the Keller Ground Engineering Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Keller Ground Engineering Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keller Ground Engineering Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) and the Construction Forestry Mining and Energy Union (CFMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[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 of the Agreement is 1 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Keller Ground Engineering Pty Ltd for the approval of the Keller Ground Engineering Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014-2016. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained provisions that complied with the requirements of the Fair Work Act and the Fair Work Regulations, particularly in relation to the procedural fairness and good faith bargaining provisions. The applicant argued that the agreement was the result of good faith negotiations and that it met all necessary legal requirements for approval. Conversely, the objector contended that the agreement did not adhere to certain legal standards, particularly concerning procedural fairness and the representation of employees.

The Commission thoroughly examined the negotiation process and the content of the proposed agreement. It considered whether the applicant had demonstrated genuine efforts to bargain in good faith, whether the agreement was made in a procedurally fair manner, and if the agreement contained all the mandated terms and conditions. The Commission concluded that the applicant had indeed engaged in good faith bargaining and that the agreement met all legal requirements for approval. The Commission found that the agreement was fair and reasonable, and it approved the application.

The Fair Work Commission ordered that the Keller Ground Engineering Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014-2016 be approved as a registered agreement under the Fair Work Act. The Commission's decision confirmed the agreement's validity and its compliance with all applicable legal standards.

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