DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1168)

GOLDLINE INDUSTRIES PTY LTD SYDNEY CONSTRUCTION UNION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Goldline Industries Pty Ltd Sydney Construction Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goldline Industries Pty Ltd Sydney Construction Union 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) who sought approval of the Goldline Industries Pty Ltd Sydney Construction Union Enterprise Agreement 2017. The Union argued that the agreement was fair and reasonable, and that it met the statutory requirements for approval by the Fair Work Commission. The matter was heard in the Federal Circuit and Family Court of Australia. The Union sought to have the agreement registered by the Court to ensure its enforceability against Goldline Industries Pty Ltd.

The primary legal issue for the Court to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Court needed to consider whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it was free from unlawful content. The Court also needed to consider whether the agreement met the requirements for being a simple, streamlined or modern award agreement, and whether it provided for the proper operation of the enterprise.

The Court found that the agreement met all the necessary criteria for approval. The Court was satisfied that the agreement was genuinely an enterprise agreement, made in good faith, and free from unlawful content. The Court also found that the agreement met the requirements for being a streamlined agreement, and that it provided for the proper operation of the enterprise. The Court was satisfied that the agreement provided for a fair and reasonable outcome for both parties, and that it met the statutory requirements for approval. The Court approved the agreement and registered it as an approved enterprise agreement.

The Court's decision provides clarity and certainty for both the Union and Goldline Industries Pty Ltd regarding the enforceability of the agreement. The Union's application for approval of the agreement was successful, and the Court's registration of the agreement ensures that it can be enforced against Goldline Industries Pty Ltd. The decision also serves as a useful precedent for other parties seeking to approve enterprise agreements under the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established