Arc Infrastructure Employment Pty Ltd Summary

[2022] FWCA 1627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Arc Infrastructure Employment Pty Ltd

(AG2022/1299)

Arc Infrastructure Enterprise Agreement 2022

Rail industry
COMMISSIONER JOHNS	MELBOURNE, 18 MAY 2022

Application for approval of the Arc Infrastructure Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Arc Infrastructure Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Arc Infrastructure Employment Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Arc Infrastructure Employment Pty Ltd for the approval of the Arc Infrastructure Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009, and the dispute centered on whether the proposed agreement met the criteria for registration as a single-employer enterprise agreement. The agreement aimed to regulate the employment terms and conditions for employees working within the infrastructure sector.

The central legal issues revolved around whether the proposed agreement adhered to the statutory requirements outlined in the Fair Work Act, including ensuring that it was a genuine enterprise agreement, and whether it provided for the employees' pay and conditions fairly. The Commission needed to determine whether the agreement was negotiated in good faith and if it contained appropriate mechanisms for resolving disputes between the employer and employees. Additionally, the Commission assessed whether the agreement adequately protected the rights and interests of all parties involved.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely negotiated, contained fair terms and conditions, and included provisions for dispute resolution. The Commission noted that the agreement provided for a transparent process for addressing any future disputes, which was a critical factor in their decision. The Commission concluded that the agreement was fair and balanced, offering appropriate protections for both the employer and the employees.

In approving the agreement, the Commission made an order under section 232(1)(a) of the Fair Work Act 2009, registering the Arc Infrastructure Enterprise Agreement 2022. The agreement was to be in effect from the date of the decision and would govern the employment conditions of the employees covered by the agreement until a new agreement was negotiated or until the agreement was terminated under the Act.

Arc Infrastructure Employment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established