CoreStaff WA Pty Ltd

[2016] FWCA 2380

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CoreStaff WA Pty Ltd T/A Corestaff

(AG2016/549)

CORESTAFF WA MINING INDUSTRY LABOUR HIRE ENTERPRISE

AGREEMENT 2016

Mining industry

COMMISSIONER ROE

MELBOURNE, 14 APRIL 2016

Application for approval of the Corestaff WA Mining Industry Labour Hire Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Corestaff WA Mining Industry Labour Hire Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Corestaff WA Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 2380

[4] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will

operate from 21 April 2016. The nominal expiry date of the Agreement is 14 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of CoreStaff WA Pty Ltd, [2016] FWCA 2380, concerns an application for the approval of the Corestaff WA Mining Industry Labour Hire Enterprise Agreement 2016. The application was lodged by Corestaff WA Pty Ltd under Section 185 of the Fair Work Act 2009. This enterprise agreement, referred to as the Agreement, was intended to cover the mining industry and would apply to a specific group of employees within the company.

The primary legal issues addressed by the court were whether the application met all the necessary requirements for approval under Sections 186, 187, and 188 of the Fair Work Act, and if the group of employees chosen for the agreement was fairly selected. Additionally, the court had to consider if the model consultation term prescribed by the Fair Work Regulations 2009 should be incorporated into the Agreement as per Section 205(2) of the Act.

The court found that the application met all the relevant requirements for approval. While the Agreement did not cover all employees of the employer, the court was satisfied that the group of employees was fairly chosen, taking into account the factors outlined in Sections 186(3) and (3A) of the Act. The court also determined that the model consultation term should indeed be a part of the Agreement. Consequently, the Agreement was approved, effective from 21 April 2016, with a nominal expiry date of 14 April 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established