CoreStaff WA Pty Ltd

[2013] FWCA 5895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CoreStaff WA Pty Ltd
(AG2013/7885)

CORESTAFF WA LABOUR HIRE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

Application for approval of the CoreStaff WA Labour Hire Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CoreStaff WA Labour Hire Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CoreStaff WA Pty Ltd was the subject of an application before the Fair Work Commission, concerning the approval of the CoreStaff WA Labour Hire Enterprise Agreement 2013. The application arose from a dispute regarding the agreement's compliance with statutory requirements under the Fair Work Act 2009. The applicant, CoreStaff WA, sought to have the enterprise agreement registered and approved, while the respondent argued that certain provisions of the agreement did not meet the necessary standards under the Act.

The legal issues that the Commission was required to address included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained the prescribed minimum terms and conditions, and whether it complied with the good faith bargaining obligations under the Act. Additionally, the Commission needed to determine if the agreement's provisions were fair and reasonable, taking into account the relevant statutory objectives.

In assessing the application, the Commission examined the process through which the agreement was negotiated and concluded. The Commission found that the agreement had been made in accordance with the procedural requirements and that it contained the necessary minimum terms and conditions. The Commission also determined that the agreement was made in good faith and that its provisions were fair and reasonable. Consequently, the Commission approved the application for registration of the CoreStaff WA Labour Hire Enterprise Agreement 2013. The decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements and objectives, while also recognising the need for flexibility in the labour market.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established