DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & T Goldman Pty Ltd atf A & T Goldman Family Trust T/A Andrew Goldman Excavations
(AG2017/3852)

ANDREW GOLDMAN EXCAVATIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Andrew Goldman Excavations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Andrew Goldman Excavations 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 A & T Goldman Pty Ltd atf A & T Goldman Family Trust T/A Andrew Goldman Excavations. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved A & T Goldman Pty Ltd, trading as Andrew Goldman Excavations, and the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission. The dispute centred on the application for approval of the Andrew Goldman Excavations Enterprise Agreement 2017, with the union challenging the agreement on various grounds. The legal issues before the Commission included whether the agreement was made in good faith and whether it contained the appropriate provisions for employee protections, including redundancy provisions.

The Fair Work Commission considered whether the enterprise agreement was genuinely negotiated and if it contained the requisite minimum entitlements for employees. The union argued that the agreement did not adequately provide for redundancy payments and that the negotiation process was flawed. The employer maintained that the agreement was fairly negotiated and contained all necessary protections for employees. After examining the evidence and arguments presented by both parties, the Commission determined that the agreement was made in good faith and contained appropriate provisions for employee protections, including redundancy. The Commission found that the employer had adequately demonstrated that the agreement met the requirements for approval under the Fair Work Act.

In its decision, the Fair Work Commission approved the Andrew Goldman Excavations Enterprise Agreement 2017, finding that it was a genuine enterprise agreement and met the statutory requirements for approval. The Commission noted that the agreement provided for minimum entitlements and protections for employees and that the negotiation process was conducted in good faith. The union's objections were dismissed, and the agreement was approved as presented. The decision reinforces the importance of ensuring that enterprise agreements are genuinely negotiated and contain the necessary provisions for employee protections.

A & T Goldman Pty Ltd atf A & T Goldman Family Trust T/A Andrew Goldman Excavations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established