Golding Contractors Pty Ltd

[2019] FWCA 7504

[2019] FWCA 7504

FAIR WORK COMMISSION

DECISION

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

Golding Contractors Pty Ltd
(AG2019/3133)

GOLDING CONTRACTORS PTY LTD KOGAN CREEK AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT BULL	SYDNEY, 31 OCTOBER 2019

Application for approval of the Golding Contractors Pty Ltd Kogan Creek Agreement 2019.

[1] An application has been filed by Golding Contractors Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Golding Contractors Pty Ltd Kogan Creek Agreement 2019 (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 as per s.172(2) of the Act.

[2] The applicant provided undertakings regarding rostering of Trainees and rates of pay for employees where a roster change occurs.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement’s consultation term was not in accordance with s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement.

[6] The Agreement’s individual flexibility term was not in accordance with s.203(2) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[7] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) of the Act, I note that the Agreement covers the CFMMEU. The views of the CFMMEU, and the employee bargaining representatives, were sought regarding the undertakings provided by the employer in accordance with s.190(4) of the Act.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

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