DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winslow Constructors Pty Ltd
(AG2021/4665)

WINSLOW CONSTRUCTORS AGREEMENT 2021 TO 2024

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2021

Application for approval of the Winslow Constructors Agreement 2021 to 2024.

[1] Winslow Constructors Pty Ltd has applied for approval of a single enterprise agreement known as the Winslow Constructors Agreement 2021 to 2024 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 10 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter before the Fair Work Commission, Winslow Constructors Pty Ltd applied for approval of the Winslow Constructors Agreement 2021 to 2024, which had been registered with the Commission. The dispute involved the terms of the proposed enterprise agreement and its compliance with the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary conditions for approval, particularly focusing on its alignment with the relevant industrial instruments and fairness for the employees involved.

The primary legal issues before the Commission were whether the agreement adhered to the Fair Work Act's provisions and whether it was made in good faith and without coercion, as required by the Act. Furthermore, the Commission had to assess whether the agreement appropriately covered the employees' terms and conditions of employment, and if it provided for fair and reasonable outcomes for both the employer and the employees. The validity of the agreement's registration and the fairness of its provisions were central to the Court's decision.

The Commission carefully examined the provisions of the proposed agreement, considering the evidence presented by both parties. It evaluated the agreement's compliance with the statutory framework, ensuring that it did not undermine the rights of employees or the principles of good faith bargaining. The Commission found that the agreement was fair and reasonable, meeting the necessary standards under the Act. Consequently, it approved the Winslow Constructors Agreement 2021 to 2024, recognising its alignment with the statutory requirements and its fairness for all parties involved. This decision affirmed the agreement's validity and its ability to regulate the employment conditions of the workers within the specified period.

Winslow Constructors 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