Kenny Constructions Pty Ltd

[2013] FWCA 2614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Kenny Constructions Pty Ltd
(AG2013/997)

KENNY CONSTRUCTIONS PTY LTD LEGACY WAY TUNNEL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MAY 2013

Application for approval of the Kenny Constructions Pty Ltd Legacy Way Tunnel Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 April 2013 by Kenny Constructions Pty Ltd for the approval of a Greenfields agreement known as the Kenny Constructions Pty Ltd Legacy Way Tunnel Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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 and that it is in the public interest to approve the Agreement.

[4] On 20 May 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kenny Constructions Pty Ltd, along with several unions, applied to the Fair Work Commission for approval of the Kenny Constructions Pty Ltd Legacy Way Tunnel Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009, and the dispute involved whether the agreement met the requirements for modern awards and whether it provided appropriate protections for employees. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved, ensuring that it complied with relevant legislation and protected the rights and interests of the employees.

The legal issues before the Fair Work Commission included whether the agreement was in the best interests of the employees, whether it provided appropriate protections and entitlements, and whether it complied with the provisions of the Fair Work Act 2009. The Commission needed to consider the balance between the interests of the employer and the employees, as well as the overall fairness and reasonableness of the agreement.

In assessing the application, the Fair Work Commission examined the provisions of the proposed agreement, the submissions from the parties, and relevant case law. The Commission determined that the agreement provided adequate protections for employees and was in their best interests. It found that the agreement complied with the Fair Work Act 2009 and met the requirements for modern awards. As a result, the Fair Work Commission approved the Kenny Constructions Pty Ltd Legacy Way Tunnel Enterprise Agreement 2013.

The Fair Work Commission approved the Kenny Constructions Pty Ltd Legacy Way Tunnel Enterprise Agreement 2013, confirming that it met the requirements for modern awards and provided appropriate protections for employees. The Commission concluded that the agreement was in the best interests of the employees and was fair and reasonable. The approval of the agreement was made under section 231 of the Fair Work Act 2009, ensuring that it complied with relevant legislation and upheld the rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established