DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Corporate Pty Ltd T/A Comdain Infrastructure
(AG2016/5648)

INFRASTRUCTURE SERVICES (NORTHERN REGION) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Infrastructure Services (Northern Region) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Northern Region) Enterprise Agreement 2016 (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 T/A Comdain Infrastructure. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 3 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comdain Corporate Pty Ltd, trading as Comdain Infrastructure, applied to the Fair Work Commission for approval of the Infrastructure Services (Northern Region) Enterprise Agreement 2016. The dispute involved the application's compliance with the requirements of the Fair Work Act 2009, particularly regarding the agreement's terms and conditions for employees in the infrastructure services sector. The Commission, presided over by Commissioner J.M. Forrest, was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues revolved around the agreement's compliance with the Fair Work Act 2009. The Commission needed to assess whether the agreement provided for the appropriate minimum terms and conditions, including those related to pay, hours of work, and other employment-related matters. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for the resolution of disputes between the employer and employees. The Commission also examined the process by which the agreement was made and whether it involved genuine bargaining between the parties.

The Commission concluded that the Infrastructure Services (Northern Region) Enterprise Agreement 2016 was compliant with the Fair Work Act 2009. The agreement was found to provide for the necessary minimum terms and conditions, including adequate pay and hours of work. The Commission determined that the agreement was made in good faith and provided for the resolution of disputes through appropriate mechanisms. The process by which the agreement was made was deemed to involve genuine bargaining between the parties. As a result, the Commission approved the agreement.

The final orders of the Commission included the approval of the Infrastructure Services (Northern Region) Enterprise Agreement 2016, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were required to take all necessary steps to give effect to the agreement's terms and conditions.

Comdain Corporate Pty Ltd T/A Comdain Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established