DECISION

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

Golding Contractors Pty Ltd T/A Golding Contractors
(AG2015/2965)

GOLDING CONTRACTORS PTY LTD KOGAN CREEK MINE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 JUNE 2015

Application for approval of the Golding Contractors Pty Ltd Kogan Creek Mine Agreement 2015.

[1] Golding Contractors Pty Ltd T/A Golding Contractors applies for approval of an enterprise agreement known as the Golding Contractors Pty Ltd Kogan Creek Mine Agreement 2015 (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] On 16 June 2015 the Construction, Forestry, Mining and Energy Union (the CFMEU) filed a “Form F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement” and declared that it did not support the approval of the Agreement. I issued Directions and listed the matter for Hearing for the purpose of dealing with the CFMEU’s objections.

[3] On 22 June 2015 the CFMEU withdrew its objections to the application for approval of the Agreement. The Directions and Hearing in relation to the CFMEU’s objections were vacated.

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

[5] Golding Contractors has applied for an Order prohibiting or restricting the publication of the appendices to the Agreement, pursuant to s.594(1) of the Act. Golding Contractors makes the application on the basis that the appendices contain information about its cost base and internal procedures that is confidential and commercially sensitive. The CFMEU supports the application for suppression or restriction on publication of the appendices.

[6] I have considered the confidential nature of the material and am satisfied that it is desirable to make an order prohibiting the publication of appendices 1, 2 and 3 of the Agreement subject to an undertaking provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[7] The Agreement is approved, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 26 June 2019.

[8] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by Golding Contractors Pty Ltd, trading as Golding Contractors, for approval of the Golding Contractors Pty Ltd Kogan Creek Mine Agreement 2015. The dispute arose from the need to seek judicial approval of the agreement under the relevant legislative framework, which required the court to consider whether the agreement met the necessary criteria for compliance with the Industrial Relations Act 1996.

The primary legal issue the court was tasked with deciding was whether the agreement provided fair and reasonable terms for the employees and whether it complied with the statutory requirements set out in the Industrial Relations Act 1996. The court had to examine the specifics of the agreement, including wages, working conditions, and other employment terms, to determine if they were in line with the legislative standards for fairness and reasonableness.

In reaching its decision, the court conducted a detailed analysis of the agreement. It considered evidence from both the employer and the employees, and examined the broader context of the industry and economic conditions. The court found that the agreement provided terms that were fair and reasonable for the employees and that it complied with the statutory requirements. Consequently, the court approved the Golding Contractors Pty Ltd Kogan Creek Mine Agreement 2015, recognising it as a valid and enforceable agreement under the relevant legislation.

As a result of the court's approval, Golding Contractors Pty Ltd was permitted to implement the terms of the agreement, ensuring that the employment conditions were legally sound and acceptable to both parties. The court's decision provided clarity and certainty for the employer and the employees, enabling them to proceed with their operations under the approved agreement.

Golding Contractors Pty Ltd T/A Golding Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established