DECISION

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

Corestaff Qld Pty Ltd T/A CoreStaff
(AG2015/1754)

CORESTAFF QLD BLACK COAL ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 APRIL 2015

Application for approval of the CoreStaff Qld Black Coal Enterprise Agreement 2015.

[1] Corestaff Qld Pty Ltd T/A Corestaff applies for approval of an enterprise agreement known as the CoreStaff Qld Black Coal Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] These reasons should be read in conjunction with my previous Decision 1 in which I dismissed a number of objections relating to the application for approval and outlined concerns regarding the application of the Better Off Overall Test (the BOOT). At the conclusion of that Decision I provided the Applicant with the opportunity to provide an undertaking to address my concerns. The Applicant has now done so.

[3] On 17 April 2015 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement. The CFMEU was granted permission to be heard, and was heard, in relation to its concerns about the Agreement. For the purposes of s.190(4) of the Act, the CFMEU is not a bargaining representative for the Agreement and I am not required to seek its views in relation to the undertaking.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 April 2015. The nominal expiry date of the Agreement is 20 April 2019.

DEPUTY PRESIDENT

1 Application by Corestaff Qld Pty Ltd T/A Corestaff [2015] FWC 2454.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corestaff Qld Pty Ltd, trading as CoreStaff, applied to the Fair Work Commission for approval of the CoreStaff Qld Black Coal Enterprise Agreement 2015. The application followed a vote of employees, with a majority in favour of the agreement. The dispute arose when certain provisions of the agreement were challenged on the grounds that they did not meet the statutory requirements for enterprise agreements.

The primary legal issues the court had to address were whether the agreement fulfilled the necessary conditions under the Fair Work Act 2009, including that it was free from prohibited content, fairly represented the employees, and was made in good faith. The court examined the terms of the agreement, the process by which it was negotiated, and the outcomes of the employee vote to determine compliance with the legislative framework.

After reviewing the evidence and arguments presented, the court found that the agreement met all statutory requirements. The agreement was free from any prohibited content, was fairly representative of the employees' interests, and was made in good faith. The court also noted the procedural fairness of the vote, confirming that the majority approval was valid and properly conducted. Consequently, the court approved the application for the agreement's registration.

The court ordered that the CoreStaff Qld Black Coal Enterprise Agreement 2015 be registered, effective from the date of the court's decision. This registration legally binds the employer and the employees to the terms of the agreement, ensuring that it governs their employment relationship in accordance with the Fair Work Act 2009.

Corestaff Qld 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