DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Key Contract Management Pty Ltd
(AG2020/2029)

KEY CONTRACT MANAGEMENT & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2020

Application for approval of the Key Contract Management & The Australian Workers' Union Agreement 2020.

[1] Key Contract Management Pty Ltd has made an application for approval of a greenfields agreement known as the Key Contract Management & The Australian Workers’ Union Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 3 August 2020 and, in accordance with s 54, will operate from 10 August 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Key Contract Management Pty Ltd and The Australian Workers' Union. The dispute centred on the application for approval of the Key Contract Management & The Australian Workers' Union Agreement 2020. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved for registration. The application for approval was brought forward by the union, seeking endorsement of the agreement as a registered enterprise agreement.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Act and whether it contained all the mandated minimum terms and conditions of employment. Additionally, the Commission had to assess whether the agreement was likely to have a positive effect on productivity, efficiency, and profitability. The court also needed to consider if the agreement provided for genuine bargaining and if it was free from any improper conduct.

In its reasoning, the Commission noted that the agreement had been made following the necessary procedures, with both parties participating in good faith. It found that the agreement contained all the mandated minimum terms and conditions, and it was likely to have a beneficial impact on productivity, efficiency, and profitability. The Commission was satisfied that the agreement had been negotiated through genuine bargaining without any improper conduct. Consequently, the Commission approved the application for registration.

The final orders of the Commission were that the Key Contract Management & The Australian Workers' Union Agreement 2020 be approved and registered as a registered enterprise agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until the earlier of the parties agreeing to terminate it or the agreement being terminated under the provisions of the Act.

Key Contract Management 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