APPLICATION FOR APPROVAL OF THE GOLDENLIGHT PTY LTD AND CFMEU ACT STEEL-FIXING AND POST-TENSIONING SECTOR AGREEMENT 2023

Application for variation of the Goldenlight Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023

[1] An application has been made for approval of a variation to the Goldenlight Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023 (Agreement). The application was made by Goldenlight Pty Ltd (Applicant) pursuant to s.210 of the Fair Work Act 2009 (Cth)(Act).

[2] The variation seeks to replace the existing clause 31 of the Agreement dealing with income protection and which provides as follows:

31.1 The Company shall affect an agreed Income Protection Insurance policy for Employees covered by this Agreement. The terms, conditions and benefits provided by the agreed insurance policy will be provided by BUILT-PLUS.

31.2 The Company will ensure that Employees under this agreement will be covered by BUILT PLUS Gold Cover Policy (the nominated policy) as the primary policy for the purposes of this Clause.

31.3 Income Protection will be paid for all periods of Employees authorised absence.

31.4 The cost of BUILT-PLUS gold policy will not exceed $25 per week per Employee during the nominal term of this Agreement.

31.5 It is agreed Income Protection Insurance will be paid quarterly.

31.6 It is agreed that if the Company has not made a valid or current insurance payment the Company shall be liable for any loss of earnings or benefits that would have otherwise been given to the Employee'.

[3] The variation sought would replace the above clause with the following:

31.1 The Company shall affect an agreed Income Protection insurance policy for the Employees covered by this Agreement (the nominated policy). The terms, conditions and benefits of the nominated policy must be equal or more beneficial than those provided by a BUILT-PLUS Gold Cover Policy.

31.2 Income Protection will be paid for all periods of Employees authorised absence.

31.3 The cost of the nominated policy will not exceed $25.00 per week per Employee during the nominal term of this Agreement. If the cost of the nominated policy exceeds this amount the parties agree to consult regarding adjustments to premiums or the nominated policy.

31.4 It is agreed Income Protection Insurance will be paid quarterly.

31.5 It is agreed that if the Company has not made a valid or current insurance payment the Company shall be liable for any loss of earnings or benefits that would have otherwise been given to the Employee.

31.6 The Company may utilise an alternative policy to meet their obligations under this clause, provided that:

(a) the alternative policy provides benefits to each Employee covered by this Agreement that are equal to or more favourable than the benefits of the nominated policy; and

(b) the Company consults with the Employees and the Union (where the Union is the chosen representative of the Employees) prior to affecting an alternative policy to ensure that the requirements of subclause 31.6(a) are met.'

[4] The substance of the variation is that it would enable the provision of an alternative income protection policy (other than the BUILT PLUS Gold Cover Policy) provided the alternative policy provides benefits to that are equal to or more favourable than the benefits of the nominated policy and the Applicant consults with employees and the union to ensure this is the case.

[5] Section 210(2)(a) of the Act requires that an application must be accompanied by a signed copy of the variation. Regulation 2.09A(2) of the Fair Work Regulations 2009 (Cth) (Regulations) provides that for paragraph 210(2)(a) of the Fair Work Act 2009 (Cth)(Act) a copy of a variation to an enterprise agreement is a signed copy only if:

• (a) it is signed by:

  • (i) the employer covered by the agreement as varied; and

  • (ii) at least 1 representative of the employees covered by the agreement as varied; and

• (b) it includes:

  • (i) the full name and address of each person who signs the variation; and

  • (ii) an explanation of the person's authority to sign the variation.

[6] The initial copy of the variation did not in all respects comply with regulation 2.09A and an amended copy was subsequently sought by the Commission and filed by the Applicant.

[7] It is declared in the Form F23AB that all employees were sent a unique link to a Google form where they could vote, there are 20 affected employees and the Agreement was made when all 20 voted to approve the proposed variation. I find that the variation was made (s.209). The Applicant filed a copy of the Agreement as proposed to be varied (s.210(2)(b)) and the Form F23AB declaration required by the procedural rules to accompany the application (s.210(2)(c). The application was made within 14 days of the date on which the application was made (s.210(3)).

[8] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to the application for approval of the variation to the Agreement have been met.

[9] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[10] In accordance with s.216 of the Act, the variation operates from 2 February 2026.

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