DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winslow Constructors Pty Ltd
(AG2017/3242)

WINSLOW CONSTRUCTORS AGREEMENT 2017 TO 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 25 OCTOBER 2017

Application for approval of the Winslow Constructors Agreement 2017 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the Winslow Constructors Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Winslow Constructors Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Winslow Constructors Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Winslow Constructors Pty Ltd applied for approval of the Winslow Constructors Agreement 2017 to 2020, which detailed the conditions of their relationship with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought to the Federal Circuit and Family Court of Australia, seeking to have the agreement approved under the Fair Work Act 2009. The CFMEU opposed the application, arguing that the agreement did not meet the legislative requirements for approval.

The court had to determine whether the Winslow Constructors Agreement 2017 to 2020 complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was in the best interests of the employees, contained terms that were fair and reasonable, and did not adversely affect the employees' employment conditions. The CFMEU argued that the agreement did not provide adequate protections for workers and contained terms that were not fair and reasonable.

The court found that the agreement was in the best interests of the employees and contained terms that were fair and reasonable. The court determined that the agreement provided adequate protections for workers, including provisions for workplace health and safety, dispute resolution, and minimum wage rates. The court also found that the agreement did not adversely affect the employees' employment conditions. As a result, the court approved the Winslow Constructors Agreement 2017 to 2020.

The court ordered that the Winslow Constructors Agreement 2017 to 2020 be approved and registered under the Fair Work Act 2009. The court also ordered that the agreement be binding on all parties from the date of the approval order. The CFMEU's application to set aside the approval of the agreement was dismissed with costs.

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