Goldcon Construction Pty Ltd T/A Goldfields Creative Concrete and Goldcon Management Pty Ltd

[2014] FWCA 4967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldcon Construction Pty Ltd T/A Goldfields Creative Concrete and Goldcon Management Pty Ltd
(AG2014/6624)

GOLDCON GROUP OF ENTITIES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of the Goldcon Group of Entities Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goldcon Group of Entities Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Goldcon Construction Pty Ltd T/A Goldfields Creative Concrete and Goldcon Management Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Goldcon Group of Entities Enterprise Agreement 2014. The application was brought by the employer, Goldcon Construction Pty Ltd, seeking approval of the agreement under the Fair Work Act 2009. The application faced opposition from various unions representing the employees.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was appropriately certified as "bargained" by an independent third party and whether it complied with the "better off overall test" (BOOT). This test mandates that employees covered by the agreement must be no worse off financially than if they were under the applicable award or safety net.

The Fair Work Commission examined the procedural aspects of the agreement's certification, ensuring that the independent certifier had followed the correct process in determining that the agreement was genuinely bargained. The Commission also evaluated the financial implications of the agreement for employees, comparing the terms and conditions of the proposed agreement against the relevant awards and safety net provisions. After a detailed analysis, the Commission concluded that the agreement satisfied both the certification and BOOT requirements. It found that the agreement provided employees with improved conditions, including additional leave entitlements and certain pay increases, which outweighed any minor reductions in other areas. Consequently, the Commission approved the Goldcon Group of Entities Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established