DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa’s Builders Mart Pty Ltd T/A Costa’s Mitre 10
(AG2016/8047)

COSTA’S BUILDERS MART PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2016-2019

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MARCH 2017

Application for approval of the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa’s Builders Mart Pty. Ltd. T/A Costa’s Mitre 10. 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 Construction, Forestry, Mining and Energy Union 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 was approved on 16 March 2017 and, in accordance with s.54, will operate from 23 March 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of an enterprise bargaining agreement between Costa’s Builders Mart Pty Ltd and its employees. The applicant, Costa’s Builders Mart, sought the approval of a proposed agreement which was to govern the employment conditions of its workers for the period 2016-2019. The nature of the dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement appropriately covered the relevant employees, was free from prohibited content, and complied with the provisions relating to good faith bargaining and the protection of employees' interests.

The central legal issues before the Commission involved examining the scope and content of the proposed agreement. The Commission had to determine if the agreement covered all employees as intended, and if it included any provisions that were contrary to the principles of good faith bargaining or the protections provided under the Fair Work Act. Additionally, the Commission needed to ensure that the agreement did not disadvantage employees and provided fair terms and conditions of employment. The Commission also had to assess if the agreement adhered to the procedural requirements for bargaining and approval.

The Commission carefully reviewed the proposed agreement and the evidence provided by both parties. It found that the agreement appropriately covered all intended employees and did not contain any prohibited content. The Commission also concluded that the agreement was the product of good faith bargaining and provided fair and reasonable terms for employees. Furthermore, the Commission determined that the agreement did not disadvantage employees and provided adequate protections for their interests. Having considered all the evidence and legal requirements, the Commission approved the enterprise bargaining agreement, recognising it as a valid and enforceable agreement between the parties.

The final orders of the Commission included the approval of the Costa’s Builders Mart Pty Ltd Enterprise Bargaining Agreement 2016-2019, effective from the date of the decision. The agreement was deemed to be in compliance with the Fair Work Act and was to be applied to all relevant employees from the specified period. The Commission's decision provided certainty and clarity for both the employer and employees regarding the terms of their employment for the duration of the agreement.

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