Golding Contractors Pty Ltd T/A Golding Contractors

[2015] FWCA 4272

[2015] FWCA 4272

FAIR WORK COMMISSION

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

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