DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winslow Constructors Pty Ltd
(AG2015/5588)

WINSLOW CONSTRUCTORS AGREEMENT 2015 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Winslow Constructors Agreement 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Winslow Constructors Agreement 2015 to 2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Winslow Constructors Pty Ltd, who applied for the approval of the Winslow Constructors Agreement 2015 to 2017. This application was heard by the Australian Building and Construction Commission (ABCC). The dispute centred around the fairness and enforceability of the agreement terms, particularly in relation to the wages and conditions for workers employed under the agreement.

The primary legal issue before the court was whether the terms of the Winslow Constructors Agreement were fair and reasonable, as required under the Fair Work Act 2009. The court had to consider whether the agreement complied with the statutory requirements for approval, including ensuring that it provided for fair wages and conditions for workers. The court also needed to determine if the agreement was in the best interests of the workers it covered.

The court examined the terms of the Winslow Constructors Agreement and assessed them against the criteria set out in the Fair Work Act. It considered the level of wages and conditions provided, as well as the process by which the agreement was negotiated and approved. The court concluded that the agreement was fair and reasonable, and met the statutory requirements for approval. The court emphasised the importance of the agreement's role in providing for fair wages and conditions, and found that it was in the best interests of the workers it covered. The court approved the Winslow Constructors Agreement 2015 to 2017, subject to certain conditions.

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