DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldline Industries Pty Ltd
(AG2019/4444)

GOLDLINE INDUSTRIES PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 5 FEBRUARY 2020

Application for approval of the Goldline Industries Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Goldline Industries Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldline Industries Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 February 2020 and, in accordance with s.54, will operate from 12 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goldline Industries Pty Ltd applied to the Fair Work Commission for the approval of the Goldline Industries Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The union had entered into an agreement with Goldline Industries Pty Ltd, and the union's members sought to have the agreement approved as a registered enterprise agreement. The applicant company and the union submitted that the agreement was fairly and appropriately negotiated and that it complied with all relevant statutory provisions.

The Commission had to decide whether the agreement was appropriately negotiated, contained appropriate processes and provisions for resolving disputes, and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered the evidence presented by the applicant and the union, and whether the agreement met the criteria set out in the Act. The Commission also had to consider whether the agreement was in the best interests of the employees covered by the agreement.

The Commission found that the agreement was appropriately negotiated and contained appropriate processes and provisions for resolving disputes. The Commission also found that the agreement complied with all relevant statutory provisions and was in the best interests of the employees. The Commission approved the Goldline Industries Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019, and it became a registered enterprise agreement.

Goldline Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established