CoreStaff WA Pty Ltd

[2013] FWCA 5015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CoreStaff WA Pty Ltd
(AG2013/1942)

CORESTAFF WA PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	MELBOURNE, 26 JULY 2013

Application for approval of the CoreStaff WA Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CoreStaff WA Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] 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 recently applied to the Fair Work Commission for approval of an agreement concerning the Wheatstone Project. The applicants sought to have the agreement registered and applied to all employees within the relevant industries, occupations, and workplaces. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for the appropriate bargaining and dispute resolution processes, and whether it was sufficiently representative of the employees it covered.

The legal issues that arose during the proceedings included the validity of the proposed bargaining processes, the dispute resolution mechanisms, and the representativeness of the agreement. The Commission had to ensure that the agreement contained adequate provisions for good faith bargaining, and that it provided a fair and efficient means for resolving disputes that might arise. Additionally, the Commission needed to verify that the agreement had the support of a sufficient proportion of the relevant employees, and that it did not unfairly discriminate against any group of employees.

After carefully considering the evidence and arguments presented by the parties, the Fair Work Commission found that the Wheatstone Project Agreement 2013 met the necessary criteria for approval. The Commission concluded that the agreement provided for appropriate bargaining and dispute resolution processes, and that it was sufficiently representative of the employees it covered. As a result, the application for approval was successful, and the agreement was registered under the Fair Work Act 2009. This decision ensures that the agreement will provide a fair and efficient framework for managing industrial relations within the relevant industries, occupations, and workplaces.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established