O'Keeffe Heneghan Pty Ltd & Rocky Neill Construction Pty Ltd & Auslife Pty Ltd T/A KNF Construction

[2013] FWCA 916

[2013] FWCA 916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O'Keeffe Heneghan Pty Ltd & Rocky Neill Construction Pty Ltd & Auslife Pty Ltd T/A KNF Construction
(AG2013/70)

KNF CONSTRUCTION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the KNF Construction Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the KNF Construction Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Extension of time

[2] The application was lodged at Sydney on 14 January 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on FWA to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Commission wrote to the Applicant with respect Schedule B - Rates of payment, and in particular the span of wages rates provided for each classification level. The Applicant advised the Commission that the span of wage rates in each classification level is to compensate for the range of employees in each classification level who may not meet the criteria to be classified at a higher level. The Applicant also confirmed upon inquiry from the Commission that wage rates will be increased by three per cent year on year.

[4] The Agreement covers the employer’s hourly rate construction employees, both casual and permanent. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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