DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keller Pty Ltd
(AG2017/4378)

KELLER FOUNDATIONS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016 - 2018 (Agreement). The application was made by Keller Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Keller Foundations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The dispute revolves around the application for the approval of the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016 - 2018. The case was heard in the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable safety net for employees, and whether it contained provisions that were not genuinely agreed upon by the parties. The Commission also had to consider whether the agreement complied with the applicable minimum standards and if it was genuinely negotiated.

In delivering its decision, the Fair Work Commission examined the provisions of the enterprise agreement and considered the submissions made by both parties. The Commission found that the agreement provided for a fair and reasonable safety net for employees and that the provisions were genuinely agreed upon by both parties. The Commission also determined that the agreement complied with the applicable minimum standards and was genuinely negotiated. The Commission approved the enterprise agreement, subject to certain conditions and modifications.

The final orders of the Fair Work Commission were that the Keller Foundations Pty Ltd and CFMEU (WA) Enterprise Agreement 2016 - 2018 be approved, subject to the conditions and modifications outlined in the decision. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision until such time as it was varied or terminated in accordance with the relevant provisions of the Fair Work Act 2009.

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