DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keystone Civil Holdings Pty Ltd T/A Keystone Civil
(AG2020/3128)

KEYSTONE CIVIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Keystone Civil Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Keystone Civil Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Keystone Civil Holdings Pty Ltd T/A Keystone Civil (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer 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, 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 undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and in accordance with s 54 of the Act will operate from 30 November 2020. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Keystone Civil Holdings Pty Ltd T/A Keystone Civil, the applicant, an employer, sought the Fair Work Commission's approval of the Keystone Civil Enterprise Agreement 2020. The dispute arose from negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the agreement complied with the provisions of the Fair Work Act, specifically sections regarding good faith bargaining, the coverage of the agreement, and the content of the agreement. The Commission also had to consider whether the agreement provided for the appropriate minimum entitlements and if it had been negotiated in good faith. The CFMEU raised objections to certain clauses in the agreement, arguing that they did not comply with the minimum standards set by the Act and were not the product of genuine negotiations.

The Commission thoroughly examined the evidence and submissions presented by both parties. It assessed whether the agreement was made in good faith and whether it contained the necessary provisions to ensure that employees were not worse off than under their previous conditions of employment. The Commission found that, while some objections raised by the CFMEU were valid, the overall agreement met the statutory requirements. It concluded that the agreement was fair and reasonable, and it approved the Keystone Civil Enterprise Agreement 2020. The Commission determined that the agreement provided for the appropriate minimum entitlements and was the product of genuine negotiations between the parties.

As a result of the Commission's decision, the Keystone Civil Enterprise Agreement 2020 was approved and became legally binding on the employer and the employees. The terms and conditions outlined in the agreement would govern the employment relationship between the employer and its employees, subject to the provisions of the Fair Work Act and any other relevant legislation. The approval of the agreement was a significant outcome for both parties, providing certainty and stability in their employment relationship.

Keystone Civil Holdings Pty Ltd T/A Keystone Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established