DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehouse Construction Services Pty Ltd
(AG2018/7057)

WCS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 JUNE 2019

Application for approval of the WCS Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WCS Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Whitehouse Construction Services Pty Ltd on behalf of . The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 11 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whitehouse Construction Services Pty Ltd applied to the Fair Work Commission for approval of the WCS Enterprise Agreement 2018, which was intended to replace the existing Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Construction Industry Award 2010. The applicant, a company operating in the construction industry, sought to implement the agreement to provide better conditions and benefits for its employees. The CFMEU opposed the application, arguing that the proposed agreement would undermine the existing award and adversely affect the rights and conditions of employees.

The Fair Work Commission was required to determine whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was genuinely a product of bargaining between the parties, provided for terms and conditions that were no less favourable than the applicable award, and complied with other legislative requirements. The Commission also needed to consider whether the agreement would have a detrimental effect on the employees' conditions, as claimed by the CFMEU.

In its decision, the Fair Work Commission found that the WCS Enterprise Agreement 2018 was genuinely negotiated between the parties. The Commission noted that the agreement provided for terms and conditions that were at least as favourable as those provided by the applicable award. The Commission was satisfied that the agreement did not have a detrimental effect on the employees' conditions and was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the agreement, and it came into effect from the date of the decision.

The Fair Work Commission ordered that the WCS Enterprise Agreement 2018 be approved and registered, replacing the existing Construction Industry Award 2010 for employees of Whitehouse Construction Services Pty Ltd. The Commission further directed that the agreement would be binding on all employees of the company, except those who were excluded from the agreement's coverage as specified in the agreement itself.

Whitehouse Construction Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established