DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kiewit Services Group Pty Ltd
(AG2017/2333)

KIEWIT SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER LEE	MELBOURNE, 18 AUGUST 2017

Application for approval of the Kiewit Services Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kiewit Services Group Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kiewit Services Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 17 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were Kiewit Services Group Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union. The dispute centred on the approval of the Kiewit Services Group Pty Ltd Enterprise Agreement 2017, which was to be considered by the Fair Work Commission. The case was heard in the Federal Court of Australia, where the Commission sought to have the agreement approved under section 233 of the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act and if it was in the best interests of the employees covered by the agreement. The court had to consider whether the agreement had been made in good faith, whether it provided for the proper regulation of workplace relations, and if it adequately protected the rights and interests of the employees. The court also needed to determine if the agreement was fair and reasonable in all its terms, including pay and conditions, and whether it met the statutory requirements for employee representation.

In its decision, the court found that the agreement was generally compliant with the requirements of the Fair Work Act. The court acknowledged that while there were some concerns regarding the provisions related to employee representation, these did not significantly detract from the overall fairness of the agreement. The court concluded that the agreement was made in good faith and provided for the proper regulation of workplace relations. Furthermore, the court was satisfied that the agreement was fair and reasonable in all its terms, taking into account the need to balance the interests of the employer and the employees. The court approved the agreement under section 233 of the Fair Work Act, finding that it met the statutory requirements and was in the best interests of the employees.

The final orders of the court included the approval of the Kiewit Services Group Pty Ltd Enterprise Agreement 2017, with certain conditions to ensure that the agreement continued to meet the requirements of the Fair Work Act and to protect the rights of the employees. The court also ordered that the agreement be registered with the Fair Work Commission and that it would remain in force until the next scheduled review or until otherwise terminated in accordance with the agreement's provisions.

Kiewit Services Group Pty Ltd

DECISION

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