DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CoreStaff WA Pty Ltd T/A Corestaff
(AG2015/4479)

CORESTAFF CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the CoreStaff Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Corestaff Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corestaff QLD Pty Ltd, Corestaff WA Pty Ltd and Corestaff VIC Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met

[4] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 9 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved CoreStaff WA Pty Ltd, trading as Corestaff, which sought approval of the CoreStaff Construction Industry Enterprise Agreement 2015. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred around the procedural fairness of the FWC’s approach in approving the enterprise agreement, with the primary issue being whether the FWC had adequately assessed the agreement's compliance with the requirements of the Act.

The court was required to determine if the FWC had correctly applied the legal principles of procedural fairness when approving the enterprise agreement. This involved examining whether the FWC provided Corestaff with a reasonable opportunity to respond to any concerns or issues raised during the approval process. The case hinged on the interpretation of relevant statutory provisions and the application of principles of natural justice.

The FWC found that it had appropriately exercised its discretion in approving the enterprise agreement, considering the evidence presented and the statutory requirements. The FWC concluded that it had provided Corestaff with sufficient opportunity to present its case and respond to any issues, thereby satisfying the principles of procedural fairness. The decision was upheld, confirming that the FWC had correctly followed the legal process in approving the agreement.

The Fair Work Commission affirmed its decision to approve the CoreStaff Construction Industry Enterprise Agreement 2015. The court's ruling validated the FWC’s procedural approach, ensuring that the agreement met all statutory requirements and was approved in a manner consistent with the principles of natural justice.

CoreStaff WA 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