DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa’s Builders Mart Pty Ltd t/a Costa’s Mitre 10
(AG2021/6098)

COSTA’S BUILDERS MART PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2020-2023

Timber and paper products industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 JULY 2021

Application for approval of the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2020-2023.

[1] Costa’s Builders Mart Pty Ltd has applied for approval of a single enterprise agreement known as the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 30 July 2021 and, in accordance with s.54, will operate from 6 August 2021. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Costa’s Builders Mart Pty Ltd, trading as Costa’s Mitre 10, sought approval for its Enterprise Bargaining Agreement (EBA) covering the period 2020-2023. The dispute arose as the company aimed to have the agreement recognised and enforced, ensuring that it complied with all relevant industrial relations laws. The application was heard by the Fair Work Commission, which is tasked with overseeing the implementation of workplace agreements and resolving related disputes.

The central legal issue before the Commission was whether the proposed EBA met all statutory requirements and whether it was in the best interests of the employees. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, leave entitlements, and other benefits. The Commission also had to consider whether the agreement complied with the procedural requirements of the Fair Work Act 2009, ensuring that it had been fairly and appropriately negotiated.

The Commission carefully examined the contents of the EBA, focusing on its alignment with the legislative framework. It assessed whether the agreement provided for adequate protections for employees, including minimum wage rates and conditions that met or exceeded the relevant award standards. The Commission also reviewed the process through which the agreement was negotiated, ensuring that it had been done in good faith and that all relevant stakeholders had been appropriately consulted. After thorough consideration, the Commission found that the EBA met all the necessary requirements and was in the best interests of the employees. It approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment, and that the negotiation process had been conducted appropriately.

The Fair Work Commission's decision was to approve the Enterprise Bargaining Agreement, effective from the stipulated period. The Commission's approval ensures that the agreement can be implemented and enforced, providing a clear framework for the terms and conditions of employment for the employees of Costa’s Builders Mart Pty Ltd. This outcome reinforces the importance of adhering to statutory requirements and the procedural integrity of enterprise bargaining agreements.

Costa’s Builders Mart Pty Ltd t/a Costa’s Mitre 10

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established