Winslow Constructors Pty Ltd

[2013] FWCA 1223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winslow Constructors Pty Ltd
(AG2013/4831)

WINSLOW CONSTRUCTORS AWU AGREEMENT 2012 TO 2015

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Winslow Constructors AWU Agreement 2012 to 2015.

[1] An application has been made for approval of an enterprise agreement known as the Winslow Constructors AWU Agreement 2012 to 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 February 2013 and, in accordance with s.54, will operate from 1 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400012 PR534341>
ANNEXURE A

CaseChat Overview and Summary

In the matter of Winslow Constructors Pty Ltd, the Australian Workers' Union (AWU) sought approval for the Winslow Constructors AWU Agreement 2012 to 2015. The application was brought before the Fair Work Commission (FWC), with the AWU seeking to have the agreement registered under the Fair Work Act 2009. The application was contested by Winslow Constructors Pty Ltd, which raised concerns about specific provisions of the agreement, particularly those relating to the classification and remuneration of employees.

The primary legal issues before the FWC were whether the agreement met the formal requirements for registration under the Fair Work Act and whether the agreement was made in good faith and not contrary to public policy. Winslow Constructors challenged the classification and remuneration provisions, arguing they did not accurately reflect the roles and responsibilities of the employees and were not consistent with industry standards. The AWU, on the other hand, defended the agreement, asserting that it was the result of good faith negotiations and was fair and reasonable.

The FWC carefully considered the arguments and evidence presented by both parties. It examined the process through which the agreement was negotiated and whether the parties had acted in good faith. The FWC also assessed whether the agreement's provisions were consistent with the principles of the Fair Work Act, including the requirement that agreements not be contrary to public policy. After thorough deliberation, the FWC found that the agreement had been negotiated in good faith and met the formal requirements for registration. The FWC also concluded that the classification and remuneration provisions, while contentious, did not contravene public policy or the principles of the Act.

Consequently, the FWC approved the Winslow Constructors AWU Agreement 2012 to 2015 for registration. The decision confirmed the agreement's validity and enforceability under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established