DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenny Projects Pty Ltd
(AG2015/5302)

KENNY PROJECTS PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the Kenny Projects Pty Ltd Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kenny Projects Pty Ltd Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenny Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kenny Projects Pty Ltd was involved in an application for the approval of the Kenny Projects Pty Ltd Construction Enterprise Agreement 2015. The applicant, Kenny Projects, sought to have the agreement approved under the Fair Work Act 2009. The application was before the Fair Work Commission, which has the jurisdiction to approve, reject, or seek further information regarding enterprise agreements.

The primary legal issue the Commission had to resolve was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions for employees, and whether the agreement was certified as a genuine agreement by an independent person. The Commission also needed to consider the views of the parties involved and whether any party had raised objections to the agreement.

In its decision, the Commission examined the provisions of the proposed agreement, including wages, hours of work, and other terms and conditions. The Commission noted that the agreement had been negotiated between Kenny Projects and the employees' representative, and that it had been independently certified as a genuine agreement. The Commission also considered the absence of any objections from the parties involved, including the employees who would be covered by the agreement. Based on these factors, the Commission concluded that the agreement met the requirements for approval and was fair and reasonable. Consequently, the Commission approved the Kenny Projects Pty Ltd Construction Enterprise Agreement 2015.

Kenny Projects 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