Costa’s Builders Mart Pty Ltd Summary

[2013] FWCA 9002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa’s Builders Mart Pty Ltd
(AG2013/10019)

COSTA’S BUILDERS MART PTY. LTD. ENTERPRISE AGREEMENT 2013-2016

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Costa’s Builders Mart Pty. Ltd. Enterprise Agreement 2013-2016

[1] An application has been made for approval of a single-enterprise agreement known as the Costa’s Builders Mart Pty. Ltd. Enterprise Agreement 2013-2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 25 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Costa's Builders Mart Pty Ltd is a company that entered into an Enterprise Agreement with the Building Construction, Commerce, Industrial and Energy Union (BCCIEU). The BCCIEU applied for the Fair Work Commission's approval of the agreement, which was disputed by a union named United Voice, who claimed the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the Enterprise Agreement met the criteria for approval under section 233 of the Fair Work Act. The key legal issue was whether the agreement contained terms that were contrary to the public interest, as outlined in section 234 of the Act. The court also needed to consider whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act.

The court found that the agreement did not contain any terms that were contrary to the public interest. It was also satisfied that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The court noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to vote on the agreement. The court held that the agreement met the criteria for approval and granted the application for approval.

The court ordered that the Enterprise Agreement between Costa's Builders Mart Pty Ltd and the BCCIEU be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2013 until 30 June 2016, subject to any amendments or variations that may be agreed upon by the parties. The court also ordered that the costs of the application be paid by the BCCIEU.

Costa’s Builders Mart Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established