Whitehouse Construction Services Pty Ltd

[2023] FWCA 1781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whitehouse Construction Services Pty Ltd

(AG2023/1805)

WCS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 JUNE 2023

Application for approval of the WCS Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the WCS Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 18 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Whitehouse Construction Services Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The application was made in accordance with section 232 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant sought to implement an enterprise agreement that would allow for the introduction of a 'multi-trade' model of working within its business, as well as to introduce other new terms and conditions. The CFMEU opposed the application on the basis that the proposed agreement was not in the best interests of the employees and was contrary to the fundamental principles of the Fair Work Act.

The central issue for the Commission was whether the proposed agreement was in the best interests of the employees. In making this determination, the Commission considered whether the agreement would have a detrimental impact on the employees' terms and conditions of employment, whether the agreement was necessary or appropriate in the circumstances, and whether the agreement would lead to a worse-off position for the employees. The Commission also considered whether the agreement was contrary to the fundamental principles of the Fair Work Act. In making its decision, the Commission took into account the evidence and submissions from both parties, as well as relevant legal principles.

The Commission found that the proposed agreement was not in the best interests of the employees. The Commission found that the proposed agreement would result in a worse-off position for the employees, as it would reduce the rates of pay and entitlements for certain employees. The Commission also found that the agreement was not necessary or appropriate in the circumstances, as the applicant had not demonstrated that the proposed 'multi-trade' model was necessary or that it would lead to improved productivity or efficiency. The Commission further found that the agreement was contrary to the fundamental principles of the Fair Work Act, as it would allow for the introduction of new terms and conditions that were not negotiated in good faith. Accordingly, the Commission refused to approve the proposed agreement.

The Fair Work Commission refused to approve the proposed enterprise agreement. The Commission found that the agreement was not in the best interests of the employees, as it would result in a worse-off position for certain employees, and that the agreement was contrary to the fundamental principles of the Fair Work Act. The applicant's application for approval of the agreement was therefore dismissed.

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