The Trustee for Goldmont T/A Goldmont Summary

[2013] FWCA 9982

FAIR WORK COMMISSION

DECISION

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

The Trustee for Goldmont T/A Goldmont
(AG2013/10130)

GOLDMONT ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Goldmont Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goldmont Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by White Powder Pty Ltd as Trustee for Goldmont Trust. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 19 December 2013 and, in accordance with s.54, will operate from 26 December 2013. The nominal expiry date of the Agreement is 19 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Trustee for Goldmont brought an application seeking approval of the Goldmont Roy Hill AWU Greenfields Agreement 2013. The applicant sought to have the agreement approved by the Fair Work Commission (FWC) in the Federal Circuit Court. The application was made under section 237 of the Fair Work Act 2009. The dispute arose between the applicant, the Australian Workers' Union (AWU), and the respondent, Goldmont.

The central legal issue before the court was whether the FWC had the jurisdiction to approve the agreement. The applicant argued that the FWC had the necessary jurisdiction to approve the agreement, given its terms and the parties' intentions. The AWU and Goldmont contested the FWC's jurisdiction, asserting that the agreement was not appropriately within the scope of the FWC's powers. The court had to determine whether the agreement fell within the FWC's purview and, if so, whether the FWC had the authority to approve it.

The court found that the FWC did have the jurisdiction to approve the agreement. The court reasoned that the terms of the agreement were consistent with the FWC's powers and that the agreement was not outside the scope of the FWC's authority. The court further found that the agreement was an appropriate instrument for resolving the dispute between the parties and that its approval was in the public interest. Consequently, the court granted the application and approved the Goldmont Roy Hill AWU Greenfields Agreement 2013.

The Trustee for Goldmont T/A Goldmont

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established