DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2018/528)

CORESTAFF PTY LTD & AUSTRALIAN WORKERS’ UNION AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MAY 2018

Application for approval of the Corestaff Pty Ltd & Australian Workers’ Union Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Corestaff Pty Ltd & Australian Workers’ Union Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union sought approval for a collective agreement made with Corestaff Pty Ltd, a staffing agency, under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 235 of the Act, specifically whether the agreement contained the prescribed minimum terms and conditions of employment. Additionally, the Commission needed to determine if the agreement complied with the good faith bargaining provisions set out in section 228 of the Act.

The Commission examined the contents of the agreement to ascertain if it contained the mandated minimum terms and conditions, such as those relating to wages, penalty rates, leave, and other employment standards. It was also necessary to assess whether the agreement had been negotiated in good faith, as stipulated by the Act. The Commission considered submissions from both parties, as well as evidence regarding the bargaining process. The evidence suggested that the agreement was negotiated with proper adherence to good faith requirements, and it included all the necessary minimum terms and conditions.

Based on the evidence and the statutory requirements, the Commission found that the agreement fulfilled all necessary criteria for approval. The terms were comprehensive and complied with the prescribed minimum standards, and the bargaining process was conducted in good faith. Therefore, the Commission approved the agreement. The decision was made in accordance with the statutory provisions and the principles of fairness and good faith in industrial relations.

The Fair Work Commission approved the Corestaff Pty Ltd & Australian Workers’ Union Agreement 2017, finding it met all requirements under the Fair Work Act 2009. The agreement is now a legally binding instrument governing the employment conditions of the relevant workers.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established