DECISION

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

Golding Contractors Pty Ltd T/A Golding Contractors
(AG2015/2424)

GOLDING CONTRACTORS PTY LTD CIVIL AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 JUNE 2015

Application for approval of the Golding Contractors Pty Ltd Civil Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 April 2015 by Golding Contractors Pty Ltd T/A Golding Contractors for the approval of a single-enterprise agreement known as the Golding Contractors Pty Ltd Civil Agreement 2015(“the Agreement”).

[2] The Australian Workers’ Union (“the AWU”) made submissions regarding approval of the Agreement in respect of the better off overall test (“the BOOT”). I have considered the submissions of the AWU, as well as the submissions in response provided on behalf of the employer. I consider that when evaluated on a global basis, the Agreement satisfies the BOOT. I also consider that the requirements of s.205 of the Act regarding consultation are discharged by the form of consultation provided for in the Agreement.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Golding Contractors Pty Ltd applied to the Fair Work Commission (FWC) for approval of a civil agreement which, if approved, would settle the dispute between Golding Contractors and a number of its employees over the application of the Golding Contractors Pty Ltd Civil Agreement 2015. The matter was heard by a delegate of the FWC, and ultimately determined by Deputy President M.J. Smith.

The central legal issue was whether the proposed civil agreement complied with the requirements of section 232 of the Fair Work Act 2009. This section requires that a civil agreement must be fair and reasonable, and must not adversely affect the terms and conditions of employment of employees who are not parties to the agreement. The parties disputed whether the proposed agreement met these criteria.

Deputy President Smith determined that the agreement was fair and reasonable, and would not adversely affect the terms and conditions of employment of employees who were not parties to the agreement. The Deputy President found that the agreement provided for a number of benefits to employees, including the ability to work flexible hours, and the ability to take leave in advance of employment. The Deputy President also found that the agreement did not adversely affect the terms and conditions of employment of non-party employees, as it did not provide for any changes to their existing entitlements.

The FWC approved the proposed civil agreement, and the matter was settled. The Deputy President's decision provides guidance for employers seeking to enter into civil agreements with their employees, and highlights the importance of ensuring that such agreements are fair and reasonable, and do not adversely affect the terms and conditions of employment of non-party employees.

Golding Contractors Pty Ltd T/A Golding Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established