Kiewit Australia Pty Ltd Summary

[2014] FWCA 7388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kiewit Australia Pty Ltd
(AG2014/7061)

KIEWIT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Kiewit Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kiewit Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kiewit Australia 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.

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.

[3] The Agreement was approved on 17 October 2014 and, in accordance with s.54, will operate from 24 October 2014. The nominal expiry date of the Agreement is 16 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kiewit Australia Pty Ltd, an employer in the construction industry, sought approval for its Enterprise Agreement 2014 under the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement, particularly concerning the classification and remuneration of certain employees. The Fair Work Commission, acting as the court in this matter, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the provisions of the Fair Work Act. The Commission needed to assess the fairness of the agreement, particularly focusing on the classification and remuneration of employees, and ensure that it did not adversely affect the employees' terms and conditions of employment.

In its decision, the Commission examined the evidence presented by both parties and considered the relevant legal principles. The Commission found that the agreement was fair and reasonable, taking into account the industry context and the need for flexibility in the construction industry. The Commission noted that the agreement provided for appropriate classification and remuneration of employees, and did not adversely affect their terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement 2014.

The Fair Work Commission approved the Kiewit Australia Pty Ltd Enterprise Agreement 2014, finding it to be fair and reasonable, and compliant with the requirements of the Fair Work Act.

Kiewit Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established