Winslow Infrastructure Pty Ltd Summary

[2022] FWCA 3316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Winslow Infrastructure Pty Ltd

(AG2022/3624)

Winslow infrastructure Sunbury Road Project & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 10 OCTOBER 2022

Application for approval of the Winslow infrastructure Sunbury Road Project & The Australian Workers’ Union Agreement 2022 – greenfields agreement.

Winslow Infrastructure Pty Ltd (Winslow) has applied for approval of a greenfields agreement known as the Winslow Infrastructure Sunbury Road Project & The Australian Workers’ Union Agreement 2022 (the Agreement). The Agreement was made between Winslow and the Australian Worker’s Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 17 October 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Appearances:

P Smoljko and A Strano for the applicant.

R Hayden for the Australian Workers’ Union.

Hearing details:

2022.
Sydney (by video):
October 6.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Winslow Infrastructure Pty Ltd applied to the Fair Work Commission for approval of the Winslow Infrastructure Sunbury Road Project and the Australian Workers' Union Agreement 2022, which is a greenfields agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed agreement, specifically concerning the employment conditions and the extent to which they aligned with the relevant industrial awards and agreements.

The primary legal issues before the Commission were whether the proposed agreement provided for terms and conditions that were no worse than the applicable awards and agreements, and whether the agreement was fair and reasonable in all its circumstances. The Commission needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the proposed agreement would result in significantly worse terms and conditions for workers compared to existing awards and agreements, while Winslow Infrastructure contended that the agreement was fair and necessary for the project's success.

The Commission found that the proposed agreement did not result in worse terms and conditions for the employees. It took into account the nature of the project, the specific circumstances of the workforce, and the overall fairness of the agreement. The Commission considered the need for flexibility and certainty in the employment conditions to facilitate the successful completion of the project, and concluded that the agreement provided an appropriate balance between the interests of the employer and the employees. As a result, the Commission approved the agreement, finding it to be fair and reasonable in all the circumstances. The Commission's decision was based on a detailed analysis of the terms of the agreement, the relevant industrial instruments, and the broader context of the project.

Winslow Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established