DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golding Contractors Pty Ltd
(AG2020/1030)

GOLDING CONTRACTORS BOGGABRI PROJECT ENTERPRISE AGREEMENT 2020

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 MAY 2020

Application for approval of the Golding Contractors Boggabri Project Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Golding Contractors Boggabri Project Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

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

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, Golding Contractors Pty Ltd, sought approval of the Golding Contractors Boggabri Project Enterprise Agreement 2020 under section 231 of the Fair Work Act 2009. The application was brought before the Full Bench of the Fair Work Commission. The dispute centred around whether the enterprise agreement adequately covered certain terms and conditions of employment and whether it met the requirements of the Fair Work Act.

The primary legal issues before the court were whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement and whether it complied with the procedural requirements of the Act. The applicant argued that the agreement met all necessary criteria, while the respondent contended that the agreement failed to appropriately address several key employment terms and conditions. The court had to consider the content of the agreement, its compliance with the Act, and whether it passed the BOOT test.

The Full Bench found that the agreement did not sufficiently address certain terms and conditions of employment, specifically in relation to shift patterns and overtime. The court held that the agreement did not comply with section 235(1)(b) of the Fair Work Act, which requires an enterprise agreement to provide for terms and conditions of employment. Furthermore, the court determined that the agreement did not meet the BOOT test as it did not ensure that employees were no worse off than under the applicable award. Consequently, the application for approval was dismissed.

The Full Bench did not make any orders regarding the enterprise agreement and directed that it remain on hold pending further negotiations between the parties. The court's decision emphasised the importance of ensuring that enterprise agreements adequately cover all required terms and conditions of employment and meet the statutory requirements of the Fair Work Act.

Golding Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established