Winslow Constructors Pty Ltd

[2024] FWCA 2637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Winslow Constructors Pty Ltd

(AG2024/2497)

WINSLOW CONSTRUCTORS COLLECTIVE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 16 JULY 2024

Application for approval of the Winslow Constructors Collective Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Winslow Constructors Collective Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Winslow Constructors Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Winslow Constructors Collective Agreement 2024-2027. The applicant, Winslow Constructors Pty Ltd, sought approval for the agreement which covered its employees, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically in terms of its compliance with the "better off overall test" (BOOT) and its adherence to the relevant industrial instruments.

The primary legal issue for the Commission to decide was whether the proposed agreement satisfied the BOOT, ensuring that employees would be no worse off financially and had some additional benefits. The Commission also needed to assess whether the agreement complied with all relevant industrial instruments, including the relevant awards and any applicable enterprise agreements. Additionally, the Commission considered whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The Commission found that the proposed agreement met the BOOT, as it provided employees with a range of benefits, including wage increases and improved working conditions, which were considered to be better than what they would receive under the existing industrial instruments. The Commission also determined that the agreement was compliant with all relevant industrial instruments and did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the Winslow Constructors Collective Agreement 2024-2027, deeming it to be in the best interests of the employees and the employer. The Commission made an order approving the agreement, which was to take effect from 1 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established