CoreStaff NSW Pty Ltd T/A CoreStaff NSW

[2014] FWCA 8233

FAIR WORK COMMISSION

DECISION

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

CoreStaff NSW Pty Ltd T/A CoreStaff NSW
(AG2014/9299)

CORESTAFF NSW ENTERPRISE AGREEMENT 2014

Oil and gas industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the CoreStaff NSW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CoreStaff NSW Enterprise Agreement 2014 (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 NSW. The agreement is a single-enterprise agreement.

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

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, 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, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 18 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CoreStaff NSW Pty Ltd T/A CoreStaff NSW applied to the Fair Work Commission for the approval of the CoreStaff NSW Enterprise Agreement 2014. The application was contested by the Australian Services Union NSW. The dispute centred on whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements for registration under the Act, including the need to ensure that the agreement provides for the terms and conditions of employment and is free from any unlawful content.

The Commission first examined the procedural aspects of the agreement, considering whether the agreement was made in accordance with the procedural standards set out in the Fair Work Act. It was established that the agreement was made following the necessary processes, including the provision of relevant information to the employees and the opportunity for their representatives to be involved in the bargaining process. The Commission then assessed the substantive terms of the agreement against the provisions of the Act. This included scrutinising the agreement for any terms that might be considered to be unfair or unreasonable under the provisions of the Act. After careful consideration, the Commission found that the agreement complied with all the necessary requirements and was free from any unlawful content.

The Commission approved the CoreStaff NSW Enterprise Agreement 2014. It was determined that the agreement was made in compliance with the procedural standards and contained no terms that were considered unfair or unlawful. The agreement was therefore registered under the Fair Work Act. The decision highlights the importance of ensuring that enterprise agreements are made in accordance with the requirements of the Act and contain terms that are fair and reasonable. This case underscores the role of the Fair Work Commission in overseeing the registration of enterprise agreements and protecting the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established