DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Keller Pty Ltd
(AG2017/4026)

KELLER GROUND ENGINEERING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 SEPTEMBER 2017

Application for variation of the Keller Ground Engineering Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Keller Ground Engineering Pty Ltd / CFMEU Collective Agreement 2016 – 2018 (the Agreement). The application was made by Keller Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[5] In accordance with s.216 of the Act, the variation operates from 13 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keller Pty Ltd, an engineering company, applied to the Fair Work Commission for a variation of the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the need to adapt the terms of the agreement in light of changes in the industry landscape, particularly concerning the adoption of new technologies and the evolving nature of work within the company. The application was heard by the Fair Work Commission, which has jurisdiction over employment disputes and collective agreements under Australian labour law.

The central legal issue before the Commission was whether the proposed variations to the collective agreement were justified and necessary to accommodate the changing business environment. Specifically, the application sought changes to address the integration of new technologies, the reclassification of certain job roles, and the introduction of flexible working arrangements. The Commission was required to balance the rights and interests of the employees, as represented by the CFMEU, against the legitimate business needs of Keller Pty Ltd.

In assessing the application, the Commission considered the evidence presented by both parties regarding the impact of technological advancements on the industry and the operational requirements of the company. The Commission acknowledged the need for flexibility and adaptability in the workforce to remain competitive and efficient. After thorough deliberation, the Commission found that the proposed variations were reasonable and necessary, given the significant changes in the industry and the company's operational needs. The Commission concluded that the changes would not adversely affect the employees' terms and conditions of employment and were therefore in the best interest of both parties.

The Fair Work Commission approved the application, allowing for the variations to the Keller Ground Engineering Pty Ltd / CFMEU Collective Agreement 2016-2018. The new terms were to be implemented, reflecting the integration of new technologies, reclassification of job roles, and introduction of flexible working arrangements. The decision was made in the interest of maintaining a fair and equitable balance between the company's business needs and the rights of the employees.

Keller 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