DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Keller Pty Ltd
(AG2017/4016)

KELLER FOUNDATIONS PTY LTD. / CFMEU GREENFIELDS AGREEMENT 2016-2018

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

Application for variation of the Keller Foundations Pty Ltd / CFMEU Greenfields Agreement 2016 - 2018.

[1] An application has been made for approval of a variation to the Keller Foundations Pty Ltd / CFMEU Greenfields 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought a variation to the Keller Foundations Pty Ltd/CFMEU Greenfields Agreement 2016-2018. The application was made by the union on behalf of its members employed by Keller Foundations, a civil engineering company. The dispute centred around the interpretation and application of the existing enterprise agreement, specifically concerning the classification of certain roles within the company and the application of specific wage rates and conditions to those roles.

The legal issues before the Commission involved interpreting the terms of the existing agreement, determining whether there had been a change in the nature of work that warranted a variation in the classification of roles, and assessing whether the proposed changes to the agreement were consistent with the relevant industrial laws and principles. The Commission had to consider whether the changes proposed by the union were necessary and reasonable in light of any changes in the work environment, the nature of the work performed, or any other relevant factors.

After examining the evidence and submissions from both parties, the Commission found that the changes proposed by the union were necessary and reasonable. The Commission concluded that there had indeed been a change in the nature of work that justified a variation in the classification of certain roles. The proposed changes to the agreement were consistent with the relevant industrial laws and principles, and the Commission varied the agreement accordingly. The decision confirmed the revised classification of roles, along with the associated wage rates and conditions, as proposed by the union.

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