DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennelly Constructions Pty Ltd
(AG2016/2298)

KENNELLY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Kennelly Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kennelly Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kennelly Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 16 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Kennelly Constructions Pty Ltd recently brought an application before the Fair Work Commission for the approval of the Kennelly Constructions Pty Ltd Enterprise Agreement 2016. The application sought to have the agreement recognised as a registered enterprise agreement, with the intention of regulating the terms and conditions of employment for employees within the company. The primary concern of the application was the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for registration, including whether it was made in good faith and did not contain terms that were contrary to the public interest.

The legal issues that the Commission needed to resolve included whether the agreement was genuinely made between the parties involved and whether it contained terms that were not unfair. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements set forth in the Fair Work Act 2009. This included verifying that the agreement was made without coercion, undue influence, or any other unfair tactics, and that the agreement was made in good faith. The Commission also needed to consider whether the agreement contained any terms that were contrary to the public interest or that had a detrimental effect on employees' rights.

In its reasoning, the Fair Work Commission found that the application was made in good faith and that the agreement was genuinely made between the parties. The Commission determined that the agreement contained no terms that were contrary to the public interest or that had a detrimental effect on employees' rights. The Commission further found that the agreement complied with the procedural requirements of the Fair Work Act 2009 and that it met the necessary criteria for registration. Based on these findings, the Commission approved the Kennelly Constructions Pty Ltd Enterprise Agreement 2016, and it was registered as a registered enterprise agreement.

The final orders of the Fair Work Commission included the approval and registration of the Kennelly Constructions Pty Ltd Enterprise Agreement 2016. The agreement was deemed to be a valid and enforceable enterprise agreement, and it was registered with the Fair Work Commission. This decision provided clarity and certainty to the parties involved and ensured that the terms and conditions of employment were regulated in a fair and transparent manner. The approval of the agreement also provided a framework for the resolution of any future disputes that may arise between the parties.

Kennelly Constructions Pty Ltd

DECISION

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