DECISION

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

CoreStaff NSW Pty Ltd T/A CoreStaff
(AG2020/2014)

CORESTAFF NSW CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 JULY 2020

Application for approval of the CoreStaff NSW Construction Industry Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CoreStaff NSW Construction Industry Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CoreStaff NSW Pty Ltd T/A CoreStaff (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to ss.202(2), the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508621 PR721428>
Appendix A.

CaseChat Overview and Summary

CoreStaff NSW Pty Ltd, trading as CoreStaff, applied for approval of the CoreStaff NSW Construction Industry Enterprise Agreement 2020. The application was heard in the Fair Work Commission, with the decision rendered by Deputy President R M T Perrett. The primary dispute centred on whether the proposed enterprise agreement met the legal standards for approval, particularly concerning its compliance with the Fair Work Act 2009.

The court had to decide if the agreement was a genuine enterprise agreement as defined under the Fair Work Act, whether it met the requirements for "direct" and "indirect" employees, and if the agreement was fairly and appropriately made. Additionally, the court examined if the agreement adequately covered the terms and conditions of employment for the intended bargaining unit, and if it provided for the resolution of disputes in a manner compliant with the Act.

Deputy President R M T Perrett determined that the agreement was a genuine enterprise agreement and satisfied the necessary requirements. The agreement was found to be appropriate for the bargaining unit, encompassing both direct and indirect employees, and contained provisions for dispute resolution that aligned with the statutory framework. The Deputy President approved the application, finding that the agreement met all legal criteria for approval and was in the best interests of the employees involved.

The final orders included the approval of the CoreStaff NSW Construction Industry Enterprise Agreement 2020, recognising it as a lawful and fair agreement under the Fair Work Act 2009. This decision provides clarity on the standards required for the approval of enterprise agreements in the construction industry, ensuring that such agreements are both legally compliant and beneficial to the workforce.

CoreStaff NSW Pty Ltd T/A CoreStaff

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established