DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Keller Pty Ltd T/A Keller Pty Ltd
(AG2018/958)

KELLER FOUNDATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JUNE 2018

Application for variation of the Keller Foundations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Keller Foundations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made by Keller Pty Ltd T/A 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 7 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keller Pty Ltd, trading as Keller Pty Ltd, filed an application for the variation of the Keller Foundations Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The application was heard in the Fair Work Commission. The dispute centred around several proposed amendments to the existing agreement, which Keller Pty Ltd argued were necessary to address operational challenges and enhance efficiency. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the changes, contending that they would negatively impact the rights and conditions of their members.

The legal issues before the Commission were whether the proposed changes were justifiable under the relevant provisions of the Fair Work Act 2009, and if they represented a genuine attempt to improve business operations without unfairly disadvantaging the employees. The Commission needed to balance the employer's right to manage its business with the need to protect the employees' rights and entitlements as stipulated in the collective agreement. Furthermore, the Commission had to consider whether the changes were consistent with the principles of good faith bargaining and if there was sufficient evidence to support the necessity of the proposed amendments.

The Fair Work Commission, after examining the submissions from both parties and the evidence presented, found that the proposed changes were reasonable and necessary for the operational efficiency of Keller Pty Ltd. The Commission concluded that the amendments did not significantly disadvantage the employees and were consistent with the principles of good faith bargaining. The changes were seen as a fair and balanced approach that allowed the business to adapt to changing circumstances while safeguarding the rights of the employees. Consequently, the Commission approved the variation of the collective agreement as sought by Keller Pty Ltd.

Keller Pty Ltd T/A 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