DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healey Infrastructure Pty Ltd
(AG2019/388)

HEALEY INFRASTRUCTURE ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 22 MAY 2019

Application for approval of the Healey Infrastructure Enterprise Agreement 2019 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the Healey Infrastructure Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Healey Infrastructure Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 29 May 2019. The nominal expiry date of the Agreement is 13 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healey Infrastructure Pty Ltd applied for approval of the Healey Infrastructure Enterprise Agreement 2019 - 2023. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for genuine bargaining, was free from any improper conduct, and did not include terms that were contrary to public policy.

The Commission examined the process by which the agreement was negotiated and the evidence provided by both parties. It considered whether the agreement was made in good faith and whether there was adequate representation of the employees. The Commission also evaluated the substantive terms of the agreement to ensure they did not contravene any provisions of the Act or public policy. After reviewing the submissions and evidence, the Commission found that the agreement had been negotiated fairly and did not include any terms that were against public policy.

Having concluded that the agreement met the necessary criteria, the Commission approved the Healey Infrastructure Enterprise Agreement 2019 - 2023. The terms of the agreement will now apply to the employees covered by it, providing a framework for their employment conditions over the specified period.

Healey Infrastructure 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