DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goldco Civil Pty Ltd
(AG2018/5967)

GOLDCO CIVIL PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 APRIL 2019

Application for approval of the Goldco Civil Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Goldco Civil Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldco Civil Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 11 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Project Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Goldco Civil Pty Ltd for the approval of the Goldco Civil Pty Ltd Enterprise Agreement 2018. This agreement was proposed to cover employees within the company. The primary dispute centred around whether the agreement complied with the relevant legislative requirements and if it was fair and reasonable for the employees it was intended to cover. The Fair Work Commission was tasked with assessing the application and making a determination on the approval of the agreement.

The legal issues that the Commission had to address included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including provisions for the protection of employees' rights and interests. The Commission also needed to consider if the agreement adhered to the procedural fairness and good faith bargaining requirements. Furthermore, the Commission had to ensure that the agreement did not unfairly disadvantage any employees and that it complied with the relevant provisions of the Fair Work Regulations.

The Commission thoroughly examined the application and supporting evidence. It was determined that the agreement met the necessary legislative requirements and was fair and reasonable for the employees it was intended to cover. The Commission found that the agreement provided adequate protections and benefits for the employees, and it complied with the requirements for procedural fairness and good faith bargaining. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the Goldco Civil Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission's final orders approved the Goldco Civil Pty Ltd Enterprise Agreement 2018, effective from the date of the Commission's decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the prescribed timeframe. The decision effectively formalised the agreement between the company and its employees, providing a clear framework for their employment terms and conditions.

Goldco Civil Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established