DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CoreStaff WA Pty Ltd T/A CoreStaff
(AG2020/1962)

CORESTAFF WA CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 30 JULY 2020

Application for approval of the CoreStaff WA Construction Industry Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CoreStaff WA Construction Industry Enterprise Agreement 2020 (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 T/A CoreStaff. 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 6 August 2020. The nominal expiry date of the Agreement is 29 July 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CoreStaff WA Pty Ltd, trading as CoreStaff, applied for approval of the CoreStaff WA Construction Industry Enterprise Agreement 2020. The Fair Work Commission (FWC) was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved whether the agreement appropriately balanced the interests of employees and employers within the construction industry.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, specifically focusing on provisions related to pay rates, conditions of employment, and the processes for resolving disputes. The FWC had to consider whether the agreement was made in good faith, if it provided for genuine bargaining, and whether it met the ‘better off overall test’ for employees. Furthermore, the FWC needed to assess whether the agreement adhered to the relevant public interest considerations, including compliance with national employment standards and industrial relations laws.

The FWC concluded that the CoreStaff WA Construction Industry Enterprise Agreement 2020 was compliant with the requirements of the Fair Work Act. The agreement was found to be made in good faith, with genuine bargaining evident between the parties. The FWC determined that the agreement met the better off overall test and did not disadvantage employees. Additionally, the agreement was consistent with national employment standards and relevant public interest considerations. Consequently, the FWC approved the agreement.

In light of its findings, the FWC approved the CoreStaff WA Construction Industry Enterprise Agreement 2020, effective from the date of the decision. This approval meant the agreement could be applied to the employees and employers covered by the agreement, providing a legally binding framework for their employment conditions.

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