DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenny Constructions Australia Pty Ltd
(AG2018/7228)

KENNY CONSTRUCTIONS AUSTRALIA PTY LTD SYDNEY METRO PROJECT AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Kenny Constructions Australia Pty Ltd Sydney Metro Project Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kenny Constructions Australia Pty Ltd Sydney Metro Project Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenny Constructions Australia 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.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kenny Constructions Australia Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Sydney Metro Project Agreement 2018. The agreement pertained to the development of the Sydney Metro railway project. The applicant sought to have the agreement approved as a registered building industry agreement under the Building and Construction Industry (Industrial Relations) Act 2012. The application was contested by the Building and Construction Union (BCU) and the Rail, Tram and Bus Industry Union (RTBU), which raised concerns about the terms and conditions proposed in the agreement.

The court was required to determine whether the agreement met the statutory criteria for registration as a building industry agreement. This involved assessing whether the agreement was made in good faith and whether it provided for the orderly regulation of industrial relations. The court also needed to consider the impact of the agreement on employees and whether it provided adequate protections and benefits. Additionally, the court examined whether the agreement complied with the mandatory provisions outlined in the Building and Construction Industry (Industrial Relations) Regulations 2012.

The court found that the Sydney Metro Project Agreement 2018 satisfied the statutory criteria for registration. The agreement was deemed to be made in good faith and provided for the orderly regulation of industrial relations. The court considered that the agreement provided appropriate protections and benefits for employees, and complied with the mandatory provisions in the regulations. The concerns raised by the BCU and RTBU were not sufficient to prevent the registration of the agreement. The court approved the agreement and directed that it be registered as a building industry agreement.

The final orders of the court included the registration of the Sydney Metro Project Agreement 2018 as a building industry agreement, subject to the terms and conditions set out in the agreement. The court also directed that the agreement be published in the Federal Register of Legislation and that a copy of the registered agreement be provided to the parties and the Fair Work Commission. The decision confirmed the legal status of the agreement and facilitated the orderly progression of the Sydney Metro railway project.

Kenny Constructions Australia 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