DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Corporate Pty Ltd
(AG2020/2707)

INFRASTRUCTURE SERVICES (NORTHERN REGION) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Infrastructure Services (Northern Region) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Northern Region) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comdain Corporate Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 27 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Comdain Corporate Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Infrastructure Services (Northern Region) Enterprise Agreement 2020. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative framework, particularly the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary standards for employee protection and representation, and if it adhered to the procedural requirements set forth by the Fair Work Act.

The primary legal issues addressed by the Commission involved assessing the agreement's compliance with the formal requirements, such as the proper notification and consultation processes, as well as its substantive fairness. The Commission needed to ensure that the agreement did not disadvantage employees and that it provided for a fair and equitable resolution of workplace issues. Additionally, the Commission considered whether the agreement adequately addressed matters covered by the National Employment Standards and other relevant workplace laws.

In its decision, the Commission noted that the application for approval was made in accordance with the statutory provisions, and the agreement had been subject to a reasonable period of consultation. The Commission found that the agreement met the necessary procedural requirements and was substantively fair. It provided for reasonable terms and conditions of employment, including provisions for redundancy and other workplace issues. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and approved it accordingly. The decision emphasised the importance of fair and effective workplace agreements that protect the rights of employees while also considering the interests of employers.

Comdain Corporate 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