| [2023] FWCA 1475 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Goldline Industries Pty Ltd
(AG2023/1414)
GOLDLINE INDUSTRIES PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 MAY 2023 |
Application for approval of the Goldline Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025
Goldline Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Goldline Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 24 May 2023 and, in accordance with s 54, it will operate from 31 May 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520098 PR762439>
- AGLC
- Goldline Industries Pty Ltd [2023] FWCA 1475
- Case
- [2023] FWCA 1475
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Commission had to address were whether the agreement met the statutory criteria for approval, including whether it contained provisions that were contrary to public policy or were otherwise unlawful. Additionally, the Commission needed to determine if the agreement was in the interests of fair work and if it complied with the relevant provisions of the Fair Work Act.
In examining the agreement, the Commission considered the various provisions and their alignment with the principles of the Fair Work Act. It evaluated whether the agreement provided for fair terms and conditions of employment, including minimum wages, leave entitlements, and other workplace rights. The Commission also assessed whether the agreement provided for an effective and fair system of dispute resolution and whether it allowed for the protection of employees' rights in the workplace. After thorough deliberation, the Commission found that the agreement met the necessary criteria and was in the interests of fair work, leading to its approval.
The Fair Work Commission approved the Goldline Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, confirming its compliance with the Fair Work Act. The Commission's decision underscored the importance of industrial agreements in maintaining fair and effective workplace practices, ensuring that both employers and employees have their rights and obligations clearly defined. This decision serves as a reference for future agreements and highlights the Commission's role in safeguarding fair work principles.
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Background
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Evidence
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